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US Controlled Substances Act
Title 21, Chapter 13
As of January 2001

From uscode.house.gov, as of Oct 2002

-CITE-
    21 USC CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL        01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    .
 
-HEAD-
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
 
-MISC1-
                   SUBCHAPTER I - CONTROL AND ENFORCEMENT
                      PART A - INTRODUCTORY PROVISIONS
    Sec.
    801. Congressional findings and declarations: controlled
      substances.
    801a. Congressional findings and declarations: psychotropic
      substances.
    802. Definitions.
    803. Repealed.
           PART B - AUTHORITY TO CONTROL; STANDARDS AND SCHEDULES
    811. Authority and criteria for classification of substances.
                  (a) Rules and regulations of Attorney General;
                        hearing.
                  (b) Evaluation of drugs and other substances.
                  (c) Factors determinative of control or removal from
                        schedules.
                  (d) International treaties, conventions, and
                        protocols requiring control; procedures
                        respecting changes in drug schedules of
                        Convention on Psychotropic Substances.
                  (e) Immediate precursors.
                  (f) Abuse potential.
                  (g) Exclusion of non-narcotic substances sold over
                        the counter without a prescription;
                        dextromethorphan; exemption of substances
                        lacking abuse potential.
                  (h) Temporary scheduling to avoid imminent hazards to
                        public safety.
    812. Schedules of controlled substances.
                  (a) Establishment.
                  (b) Placement on schedules; findings required.
                  (c) Initial schedules of controlled substances.
    813. Treatment of controlled substance analogues.
    814. Removal of exemption of certain drugs.
                  (a) Removal of exemption.
                  (b) Factors to be considered.
                  (c) Specificity of designation.
                  (d) Reinstatement of exemption with respect to
                        particular drug products.
                  (e) Reinstatement of exemption with respect to
                        ephedrine, pseudoephedrine, and
                        phenylpropanolamine drug products.
         PART C - REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND
                    DISPENSERS OF CONTROLLED SUBSTANCES
    821. Rules and regulations.
    822. Persons required to register.
                  (a) Period of registration.
                  (b) Authorized activities.
                  (c) Exceptions.
                  (d) Waiver.
                  (e) Separate registration.
                  (f) Inspection.
    823. Registration requirements.
                  (a) Manufacturers of controlled substances in
                        schedule I or II.
                  (b) Distributors of controlled substances in schedule
                        I or II.
                  (c) Limits of authorized activities.
                  (d) Manufacturers of controlled substances in
                        schedule III, IV, or V.
                  (e) Distributors of controlled substances in schedule
                        III, IV, or V.
                  (f) Research by practitioners; pharmacies; research
                        applications; construction of Article 7 of the
                        Convention on Psychotropic Substances.
                  (g) Practitioners dispensing narcotic drugs for
                        narcotic treatment; annual registration;
                        separate registration; qualifications; waiver.
                  (h) Applicants for distribution of list I chemicals.
    824. Denial, revocation, or suspension of registration.
                  (a) Grounds.
                  (b) Limits of revocation or suspension.
                  (c) Service of show cause order; proceedings.
                  (d) Suspension of registration in cases of imminent
                        danger.
                  (e) Suspension and revocation of quotas.
                  (f) Disposition of controlled substances or list I
                        chemicals.
                  (g) Seizure or placement under seal of controlled
                        substances or list I chemicals.
    825. Labeling and packaging.
                  (a) Symbol.
                  (b) Unlawful distribution without identifying symbol.
                  (c) Warning on label.
                  (d) Containers to be securely sealed.
    826. Production quotas for controlled substances.
                  (a) Establishment of total annual needs.
                  (b) Individual production quotas; revised quotas.
                  (c) Manufacturing quotas for registered
                        manufacturers.
                  (d) Quotas for registrants who have not manufactured
                        controlled substance during one or more
                        preceding years.
                  (e) Quota increases.
                  (f) Incidental production exception.
    827. Records and reports of registrants.
                  (a) Inventory.
                  (b) Availability of records.
                  (c) Nonapplicability.
                  (d) Periodic reports to Attorney General.
                  (e) Reporting and recordkeeping requirements of drug
                        conventions.
                  (f) Investigational uses of drugs; procedures.
                  (g) Change of address.
                  (h) Reporting requirements for GHB.
    828. Order forms.
                  (a) Unlawful distribution of controlled substances.
                  (b) Nonapplicability of provisions.
                  (c) Preservation and availability.
                  (d) Issuance.
                  (e) Unlawful acts.
    829. Prescriptions.
                  (a) Schedule II substances.
                  (b) Schedule III and IV substances.
                  (c) Schedule V substances.
                  (d) Non-prescription drugs with abuse potential.
    830. Regulation of listed chemicals and certain machines.
                  (a) Record of regulated transactions.
                  (b) Reports to Attorney General.
                  (c) Confidentiality of information obtained by
                        Attorney General; non-disclosure; exceptions.
                      PART D - OFFENSES AND PENALTIES
    841. Prohibited acts A.
                  (a) Unlawful acts.
                  (b) Penalties.
                  (c) Offenses involving listed chemicals.
                  (d) Boobytraps on Federal property; penalties;
                      "boobytrap" defined.
                  (e) Ten-year injunction as additional penalty.
                  (f) Wrongful distribution or possession of listed
                        chemicals.
    842. Prohibited acts B.
                  (a) Unlawful acts.
                  (b) Manufacture.
                  (c) Penalties.
    843. Prohibited acts C.
                  (a) Unlawful acts.
                  (b) Communication facility.
                  (c) Advertisement.
                  (d) Penalties.
                  (e) Additional penalties.
                  (f) Injunctions.
    844. Penalties for simple possession.
                  (a) Unlawful acts; penalties.
                  (b) Repealed.
                  (c) "Drug, narcotic, or chemical offense" defined.
    844a. Civil penalty for possession of small amounts of certain
      controlled substances.
                  (a) In general.
                  (b) Income and net assets.
                  (c) Prior conviction.
                  (d) Limitation on number of assessments.
                  (e) Assessment.
                  (f) Compromise.
                  (g) Judicial review.
                  (h) Civil action.
                  (i) Limitation.
                  (j) Expungement procedures.
    845 to 845b. Transferred.
    846. Attempt and conspiracy.
    847. Additional penalties.
    848. Continuing criminal enterprise.
                  (a) Penalties; forfeitures.
                  (b) Life imprisonment for engaging in continuing
                        criminal enterprise.
                  (c) "Continuing criminal enterprise" defined.
                  (d) Suspension of sentence and probation prohibited.
                  (e) Death penalty.
                  (g) Hearing required with respect to death penalty.
                  (h) Notice by Government in death penalty cases.
                  (i) Hearing before court or jury.
                  (j) Proof of aggravating and mitigating factors.
                  (k) Return of findings.
                  (l) Imposition of sentence.
                  (m) Mitigating factors.
                  (n) Aggravating factors for homicide.
                  (o) Right of defendant to justice without
                        discrimination.
                  (p) Sentencing in capital cases in which death
                        penalty is not sought or imposed.
                  (q) Appeal in capital cases; counsel for financially
                        unable defendants.
                  (r) Refusal to participate by State and Federal
                        correctional employees.
    849. Transportation safety offenses.
                  (a) Definitions.
                  (b) First offense.
                  (c) Subsequent offense.
    850. Information for sentencing.
    851. Proceedings to establish prior convictions.
                  (a) Information filed by United States Attorney.
                  (b) Affirmation or denial of previous conviction.
                  (c) Denial; written response; hearing.
                  (d) Imposition of sentence.
                  (e) Statute of limitations.
    852. Application of treaties and other international agreements.
    853. Criminal forfeitures.
                  (a) Property subject to criminal forfeiture.
                  (b) Meaning of term "property".
                  (c) Third party transfers.
                  (d) Rebuttable presumption.
                  (e) Protective orders.
                  (f) Warrant of seizure.
                  (g) Execution.
                  (h) Disposition of property.
                  (i) Authority of the Attorney General.
                  (j) Applicability of civil forfeiture provisions.
                  (k) Bar on intervention.
                  (l) Jurisdiction to enter orders.
                  (m) Depositions.
                  (n) Third party interests.
                  (o) Construction.
                  (p) Forfeiture of substitute property.
                  (q) Restitution for cleanup of clandestine laboratory
                        sites.
    853a. Transferred.
    854. Investment of illicit drug profits.
                  (a) Prohibition.
                  (b) Penalty.
                  (c) "Enterprise" defined.
                  (d) Construction.
    855. Alternative fine.
    856. Establishment of manufacturing operations.
                  (a) Unlawful acts.
                  (b) Penalties.
                  (c) Violation as offense against property.
    857. Repealed.
    858. Endangering human life while illegally manufacturing
      controlled substance.
    859. Distribution to persons under age twenty-one.
                  (a) First offense.
                  (b) Second offense.
    860. Distribution or manufacturing in or near schools and colleges.
                  (a) Penalty.
                  (b) Second offenders.
                  (c) Employing children to distribute drugs near
                        schools or playgrounds.
                  (d) Suspension of sentence; probation; parole.
                  (e) Definitions.
    861. Employment or use of persons under 18 years of age in drug
      operations.
                  (a) Unlawful acts.
                  (b) Penalty for first offense.
                  (c) Penalty for subsequent offenses.
                  (d) Penalty for providing or distributing controlled
                        substance to underage person.
                  (e) Suspension of sentence; probation; parole.
                  (f) Distribution of controlled substance to pregnant
                        individual.
    862. Denial of Federal benefits to drug traffickers and possessors.
                  (a) Drug traffickers.
                  (b) Drug possessors.
                  (c) Suspension of period of ineligibility.
                  (d) Definitions.
                  (e) Inapplicability of this section to Government
                        witnesses.
                  (f) Indian provision.
                  (g) Presidential report.
                  (h) Effective date.
    862a. Denial of assistance and benefits for certain drug-related
      convictions.
                  (a) In general.
                  (b) Effects on assistance and benefits for others.
                  (c) Enforcement.
                  (d) Limitations.
                  (e) "State" defined.
                  (f) Rule of interpretation.
    862b. Sanctioning for testing positive for controlled substances.
    863. Drug paraphernalia.
                  (a) In general.
                  (b) Penalties.
                  (c) Seizure and forfeiture.
                  (d) "Drug paraphernalia" defined.
                  (e) Matters considered in determination of what
                        constitutes drug paraphernalia.
                  (f) Exemptions.
    864. Anhydrous ammonia.
             PART E - ADMINISTRATIVE AND ENFORCEMENT PROVISIONS
    871. Attorney General.
                  (a) Delegation of functions.
                  (b) Rules and regulations.
                  (c) Acceptance of devises, bequests, gifts, and
                        donations.
    872. Education and research programs of Attorney General.
                  (a) Authorization.
                  (b) Contracts.
                  (c) Identification of research populations;
                        authorization to withhold.
                  (d) Affect of treaties and other international
                        agreements on confidentiality.
                  (e) Use of controlled substances in research.
                  (f) Program to curtail diversion of precursor and
                        essential chemicals.
    872a. Public-private education program.
                  (a) Advisory panel.
                  (b) Continuation of current efforts.
    873. Cooperative arrangements.
                  (a) C ooperation of Attorney General with local,
                        State, and Federal agencies.
                  (b) Requests by Attorney General for assistance from
                        Federal agencies or instrumentalities.
                  (c) Descriptive and analytic reports by Attorney
                        General to State agencies of distribution
                        patterns of schedule II substances having
                        highest rates of abuse.
                  (d) Grants by Attorney General.
    874. Advisory committees.
    875. Administrative hearings.
                  (a) Power of Attorney General.
                  (b) Procedures applicable.
    876. Subpenas.
                  (a) Authorization of use by Attorney General.
                  (b) Service.
                  (c) Enforcement.
    877. Judicial review.
    878. Powers of enforcement personnel.
    879. Search warrants.
    880. Administrative inspections and warrants.
                  (a) "Controlled premises" defined.
                  (b) Grant of authority; scope of inspections.
                  (c) Situations not requiring warrants.
                  (d) Administrative inspection warrants; issuance;
                        execution; probable cause.
    881. Forfeitures.
                  (a) Subject property.
                  (b) Seizure procedures.
                  (c) Custody of Attorney General.
                  (d) Other laws and proceedings applicable.
                  (e) Disposition of forfeited property.
                  (f) Forfeiture and destruction of schedule I and II
                        substances.
                  (g) Plants.
                  (h) Vesting of title in United States.
                  (i) Stay of civil forfeiture proceedings.
                  (j) Venue.
                  (l) Agreement between Attorney General and Postal
                        Service for performance of functions.
    881-1, 881a. Transferred.
    882. Injunctions.
                  (a) Jurisdiction.
                  (b) Jury trial.
    883. Enforcement proceedings.
    884. Immunity and privilege.
                  (a) Refusal to testify.
                  (b) Order of United States district court.
                  (c) Request by United States attorney.
    885. Burden of proof; liabilities.
                  (a) Exemptions and exceptions; presumption in simple
                        possession offenses.
                  (b) Registration and order forms.
                  (c) Use of vehicles, vessels, and aircraft.
                  (d) Immunity of Federal, State, local and other
                        officials.
    886. Payments and advances.
                  (a) Payment to informers.
                  (b) Reimbursement for purchase of controlled
                        substances.
                  (c) Advance of funds for enforcement purposes.
                  (d) Drug Pollution Fund.
    886a. Diversion Control Fee Account.
    887. Coordination and consolidation of post-seizure administration.
    888. Repealed.
    889. Production control of controlled substances.
                  (a) Definitions.
                  (b) Persons ineligible for Federal agricultural
                        program benefits.
                  (c) Regulations.
    890. Review of Federal sales of chemicals usable to manufacture
      controlled substances.
                        PART F - GENERAL PROVISIONS
    901. Severability.
    902. Savings provisions.
    903. Application of State law.
    904. Payment of tort claims.
                     SUBCHAPTER II - IMPORT AND EXPORT
    951. Definitions.
    952. Importation of controlled substances.
                  (a) Controlled substances in schedule I or II and
                        narcotic drugs in schedule III, IV, or V;
                        exceptions.
                  (b) Nonnarcotic controlled substances in schedule
                        III, IV, or V.
                  (c) Coca leaves.
    953. Exportation of controlled substances.
                  (a) Narcotic drugs in schedule I, II, III, or IV.
                  (b) Exception for exportation for special scientific
                        purposes.
                  (c) Nonnarcotic controlled substances in schedule I
                        or II.
                  (d) Exception for exportation for special scientific
                        purposes.
                  (e) Nonnarcotic controlled substances in schedule III
                        or IV; controlled substances in schedule V.
    954. Transshipment and in-transit shipment of controlled
      substances.
    955. Possession on board vessels, etc., arriving in or departing
      from United States.
    955a to 955d. Transferred.
    956. Exemption authority.
                  (a) Individual possessing controlled substance.
                  (b) Compound, mixture, or preparation.
    957. Persons required to register.
                  (a) Coverage.
                  (b) Exemptions.
    958. Registration requirements.
                  (a) Applicants to import or export controlled
                        substances in schedule I or II.
                  (b) Activity limited to specified substances.
                  (c) Applicants to import controlled substances in
                        schedule III, IV, or V or to export controlled
                        substances in schedule III or IV; applicants to
                        import or export list I chemicals.
                  (d) Denial of applications.
                  (e) Registration period.
                  (f) Rules and regulations.
                  (g) Scope of authorized activity.
                  (h) Separate registrations for each principal place
                        of business.
                  (i) Emergency situations.
    959. Possession, manufacture, or distribution of controlled
      substance.
                  (a) Manufacture or distribution for purpose of
                        unlawful importation.
                  (b) Possession, manufacture, or distribution by
                        person on board aircraft.
                  (c) Acts committed outside territorial jurisdiction
                        of United States; venue.
    960. Prohibited acts A.
                  (a) Unlawful acts.
                  (b) Penalties.
                  (c) Repealed.
                  (d) Penalty for importation or exportation.
    961. Prohibited acts B.
    962. Second or subsequent offenses.
                  (a) Term of imprisonment and fine.
                  (b) Determination of status.
                  (c) Procedures applicable.
    963. Attempt and conspiracy.
    964. Additional penalties.
    965. Applicability of part E of subchapter I.
    966. Authority of Secretary of the Treasury.
    967. Smuggling of controlled substances; investigations; oaths;
      subpenas; witnesses; evidence; production of records; territorial
      limits; fees and mileage of witnesses.
    968. Service of subpena; proof of service.
    969. Contempt proceedings.
    970. Criminal forfeitures.
    971. Notification, suspension of shipment, and penalties with
      respect to importation and exportation of listed chemicals.
                  (a) Notification prior to transaction.
                  (b) Regular customers or importers.
                  (c) Suspension of importation or exportation;
                        disqualification of regular customers or
                        importers; hearing.
                  (d) Broker or trader for international transaction in
                        listed chemical.
                  (e) Application of notification requirement to
                        exports of listed chemical; waiver.
 
-SECREF-
                   CHAPTER REFERRED TO IN OTHER SECTIONS
      This chapter is referred to in section 801a of this title; title
    10 section 374; title 18 section 3582; title 19 section 1595a;
    title 22 sections 283s, 284k, 285p; title 28 section 524; title 42
    section 2000e-2; title 46 App. section 1903.
 
-CITE-
    21 USC SUBCHAPTER I - CONTROL AND ENFORCEMENT                01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    .
 
-HEAD-
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
 
-SECREF-
                  SUBCHAPTER REFERRED TO IN OTHER SECTIONS
      This subchapter is referred to in sections 333, 951, 952, 958,
    960, 965, 971 of this title; title 12 section 3420; title 15
    section 5110; title 16 section 559d; title 18 sections 924, 929,
    981, 986, 1864, 1956, 3142, 3554, 3592, 3663; title 20 section
    1415; title 22 section 2714; title 23 section 159; title 28 section
    524; title 29 section 705; title 40 section 304m; title 42 sections
    242, 261, 3751, 12111, 12210.
 
-CITE-
    21 USC Part A - Introductory Provisions                      01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part A - Introductory Provisions
    .
 
-HEAD-
    Part A - Introductory Provisions
 
-CITE-
    21 USC Sec. 801                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part A - Introductory Provisions
 
-HEAD-
    Sec. 801. Congressional findings and declarations: controlled
        substances
 
-STATUTE-
      The Congress makes the following findings and declarations:
      (1) Many of the drugs included within this subchapter have a
    useful and legitimate medical purpose and are necessary to maintain
    the health and general welfare of the American people.
      (2) The illegal importation, manufacture, distribution, and
    possession and improper use of controlled substances have a
    substantial and detrimental effect on the health and general
    welfare of the American people.
      (3) A major portion of the traffic in controlled substances flows
    through interstate and foreign commerce.  Incidents of the traffic
    which are not an integral part of the interstate or foreign flow,
    such as manufacture, local distribution, and possession,
    nonetheless have a substantial and direct effect upon interstate
    commerce because -
        (A) after manufacture, many controlled substances are
      transported in interstate commerce,
        (B) controlled substances distributed locally usually have been
      transported in interstate commerce immediately before their
      distribution, and
        (C) controlled substances possessed commonly flow through
      interstate commerce immediately prior to such possession.
      (4) Local distribution and possession of controlled substances
    contribute to swelling the interstate traffic in such substances.
      (5) Controlled substances manufactured and distributed intrastate
    cannot be differentiated from controlled substances manufactured
    and distributed interstate.  Thus, it is not feasible to
    distinguish, in terms of controls, between controlled substances
    manufactured and distributed interstate and controlled substances
    manufactured and distributed intrastate.
      (6) Federal control of the intrastate incidents of the traffic in
    controlled substances is essential to the effective control of the
    interstate incidents of such traffic.
      (7) The United States is a party to the Single Convention on
    Narcotic Drugs, 1961, and other international conventions designed
    to establish effective control over international and domestic
    traffic in controlled substances.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 101, Oct. 27, 1970, 84 Stat. 1242.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This subchapter, referred to in par. (1), was in the original
    "this title", meaning title II of Pub. L. 91-513, Oct. 27, 1970,
    84 Stat. 1242, as amended, and is popularly known as the
    "Controlled Substances Act". For complete classification of title
    II to the Code, see second paragraph of Short Title note set out
    below and Tables.
 
-MISC2-
                               EFFECTIVE DATE
      Section 704 of title II of Pub. L. 91-513 provided that:
      "(a) Except as otherwise provided in this section, this title
    (see Short Title note below) shall become effective on the first
    day of the seventh calendar month that begins after the day
    immediately preceding the date of enactment (Oct. 27, 1970).
      "(b) Parts A, B, E, and F of this title (Parts A, B, E, and F of
    this subchapter), section 702 (set out as a note under section 321
    of this title), this section, and sections 705 through 709
    (sections 901 to 904 of this title and note set out below), shall
    become effective upon enactment (Oct. 27, 1970).
      "(c) Sections 305 (relating to labels and labeling) (section 825
    of this title), and 306 (relating to manufacturing quotas) (section
    826 of this title) shall become effective on the date specified in
    subsection (a) of this section, except that the Attorney General
    may by order published in the Federal Register postpone the
    effective date of either or both of these sections for such period
    as he may determine to be necessary for the efficient
    administration of this title (see Short Title note below)."
                       SHORT TITLE OF 2000 AMENDMENTS
      Pub. L. 106-310, div.  B, title XXXV, Sec. 3501, Oct. 17, 2000,
    114 Stat. 1222, provided that: "This title (amending sections 823
    and 824 of this title) may be cited as the 'Drug Addiction
    Treatment Act of 2000'."
      Pub. L. 106-310, div.  B, title XXXVI, Sec. 3601, Oct. 17, 2000,
    114 Stat. 1227, provided that: "This title (enacting section 864
    of this title and sections 290aa-5b and 290bb-9 of Title 42, The
    Public Health and Welfare, amending sections 802, 830, 853, 856,
    and 863 of this title, sections 3663 and 3663A of Title 18, Crimes
    and Criminal Procedure, section 524 of Title 28, Judiciary and
    Judicial Procedure, and sections 285o-2 and 3751 of Title 42, and
    enacting provisions set out as notes under this section and
    sections 802, 872, 873, 886, and 1706 of this title, sections 524
    and 994 of Title 28, and sections 201, 290aa-4, 290aa-5b and 3751
    of Title 42) may be cited as the 'Methamphetamine
    Anti-Proliferation Act of 2000'."
      Pub. L. 106-172, Sec. 1, Feb. 18, 2000, 114 Stat. 7, provided
    that: "This Act (amending sections 802, 827, 841 and 960 of this
    title and enacting provisions set out as notes under this section
    and section 812 of this title) may be cited as the 'Hillory J.
    Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000'."
                       SHORT TITLE OF 1998 AMENDMENT
      Pub. L. 105-277, div.  C, title VIII, Sec. 801(a), Oct. 21, 1998,
    112 Stat. 2681-693, provided that: "This title (enacting section
    1713 of this title and section 2291-5 of Title 22, Foreign
    Relations and Intercourse, amending section 956 of this title, and
    enacting provisions set out as notes under sections 801 and 956 of
    this title and section 2291 of Title 22) may be cited as the
    'Western Hemisphere Drug Elimination Act'."
      Pub. L. 105-277, div.  C, title VIII, subtitle G (Sec. 871, 872),
    Sec. 871, Oct. 21, 1998, 112 Stat. 2681-707, and Pub. L. 105-357,
    Sec. 1, Nov. 10, 1998, 112 Stat. 3271, provided that such subtitle
    and such Act, which amended section 956 of this title and enacted
    provisions set out as notes under section 956 of this title "may
    be cited as the 'Controlled Substances Trafficking Prohibition
    Act'."
      Pub. L. 105-277, div.  E, Sec. 1, Oct. 21, 1998, 112 Stat.
    2681-759, provided that: "This division (amending sections 841 and
    960 of this title and section 13705 of Title 42, The Public Health
    and Welfare) may be cited as the 'Methamphetamine Trafficking
    Penalty Enhancement Act of 1998'."
                       SHORT TITLE OF 1996 AMENDMENTS
      Pub. L. 104-305, Sec. 1, Oct. 13, 1996, 110 Stat. 3807, provided
    that: "This Act (amending sections 841, 844, 959, and 960 of this
    title and enacting provisions set out as notes under section 872 of
    this title and section 994 of Title 28, Judiciary and Judicial
    Procedure) may be cited as the 'Drug-Induced Rape Prevention and
    Punishment Act of 1996'."
      Pub. L. 104-237, Sec. 1(a), Oct. 3, 1996, 110 Stat. 3099,
    provided that: "This Act (enacting section 872a of this title,
    amending sections 802, 814, 830, 841 to 844, 853, 881, 959, and 960
    of this title and section 1607 of Title 19, Customs Duties, and
    enacting provisions set out as notes under this section and
    sections 802, 872, and 971 of this title, section 994 of Title 28,
    Judiciary and Judicial Procedure, and section 290aa-4 of Title 42,
    The Public Health and Welfare) may be cited as the 'Comprehensive
    Methamphetamine Control Act of 1996'."
                       SHORT TITLE OF 1994 AMENDMENT
      Pub. L. 103-322, title XVIII, Sec. 180201(a), Sept. 13, 1994, 108
    Stat. 2046, provided that: "This section (enacting section 849 of
    this title, amending section 841 of this title, and enacting
    provisions set out as a note under section 994 of Title 28,
    Judiciary and Judicial Procedure) may be cited as the 'Drug Free
    Truck Stop Act'."
                       SHORT TITLE OF 1993 AMENDMENT
      Pub. L. 103-200, Sec. 1, Dec. 17, 1993, 107 Stat. 2333, provided
    that: "This Act (enacting section 814 of this title, amending
    sections 802, 821 to 824, 830, 843, 880, 957, 958, 960, and 971 of
    this title, and enacting provisions set out as a note under section
    802 of this title) may be cited as the 'Domestic Chemical Diversion
    Control Act of 1993'."
                       SHORT TITLE OF 1990 AMENDMENT
      Pub. L. 101-647, title XIX, Sec. 1901, Nov. 29, 1990, 104 Stat.
    4851, provided that: "This Act (probably means title XIX of Pub.
    L. 101-647, which amended sections 333, 802, 812, and 844 of this
    title and section 290aa-6 of Title 42, The Public Health and
    Welfare, repealed section 333a of this title, and enacted
    provisions set out as notes under sections 802 and 829 of this
    title) may be cited as the 'Anabolic Steroids Control Act of
    1990'."
                       SHORT TITLE OF 1988 AMENDMENT
      Pub. L. 100-690, title VI, Sec. 6001, Nov. 18, 1988, 102 Stat.
    4312, provided that: "This title (see Tables for classification)
    may be cited as the 'Anti-Drug Abuse Amendments Act of 1988'."
      Pub. L. 100-690, title VI, Sec. 6051, Nov. 18, 1988, 102 Stat.
    4312, provided that: "This subtitle (subtitle A (Sec. 6051-6061)
    of title VI of Pub. L. 100-690, enacting section 971 of this title,
    amending sections 802, 830, 841 to 843, 872, 876, 881, 960, and 961
    of this title, and enacting provisions set out as notes under
    sections 802 and 971 of this title) may be cited as the 'Chemical
    Diversion and Trafficking Act of 1988'."
      Pub. L. 100-690, title VI, Sec. 6071, Nov. 18, 1988, 102 Stat.
    4320, provided that: "This subtitle (subtitle B (Sec. 6071-6080)
    of title VI of Pub. L. 100-690, enacting sections 881-1, 887, and
    1509 of this title, amending section 881 of this title, section
    1594 of Title 19, Customs Duties, section 524 of Title 28,
    Judiciary and Judicial Procedure, and section 782 of former Title
    49, Transportation, and enacting provisions set out as notes under
    section 881 of this title) may be cited as the 'Asset Forfeiture
    Amendments Act of 1988'."
                       SHORT TITLE OF 1986 AMENDMENT
      Pub. L. 99-570, Sec. 1, Oct. 27, 1986, 100 Stat. 3207, provided
    that: "This Act (see Tables for classification) may be cited as
    the 'Anti-Drug Abuse Act of 1986'."
      Pub. L. 99-570, title I, Sec. 1001, Oct. 27, 1986, 100 Stat.
    3207-2, provided that: "This subtitle (subtitle A (Sec. 1001-1009)
    of title I of Pub. L. 99-570, amending sections 802, 841, 845,
    845a, 848, 881, 960, and 962 of this title, sections 3553 and 3583
    of Title 18, Crimes and Criminal Procedure, rule 35 of the Federal
    Rules of Criminal Procedure, Title 18, Appendix, and section 994 of
    Title 28, Judiciary and Judicial Procedure, and enacting provisions
    set out as notes under section 841 of this title, sections 3553 and
    3583 of Title 18, and rule 35 of the Federal Rules of Criminal
    Procedure) may be cited as the 'Narcotics Penalties and Enforcement
    Act of 1986'."
      Pub. L. 99-570, title I, Sec. 1051, Oct. 27, 1986, 100 Stat.
    3207-8, provided that: "This subtitle (subtitle B (Sec. 1051,
    1052) of title I of Pub. L. 99-570, amending section 844 of this
    title) may be cited as the 'Drug Possession Penalty Act of 1986'."
      Pub. L. 99-570, title I, Sec. 1101, Oct. 27, 1986, 100 Stat.
    3207-10, provided that: "This subtitle (subtitle C (Sec.
    1101-1105) of title I of Pub. L. 99-570, enacting section 845b of
    this title and amending sections 841, 845, and 845a of this title)
    may be cited as the 'Juvenile Drug Trafficking Act of 1986'."
      Pub. L. 99-570, title I, Sec. 1201, Oct. 27, 1986, 100 Stat.
    3207-13, provided that: "This subtitle (subtitle E (Sec.
    1201-1204) of title I of Pub. L. 99-570, enacting section 813 of
    this title and amending section 802 of this title) may be cited as
    the 'Controlled Substance Analogue Enforcement Act of 1986'."
      Pub. L. 99-570, title I, Sec. 1251, Oct. 27, 1986, 100 Stat.
    3207-14, provided that: "This subtitle (subtitle F (Sec.
    1251-1253) of title I of Pub. L. 99-570, amending section 848 of
    this title) may be cited as the 'Continuing Drug Enterprises Act of
    1986'."
      Pub. L. 99-570, title I, Sec. 1301, Oct. 27, 1986, 100 Stat.
    3207-15, provided that: "This subtitle (subtitle G (Sec. 1301,
    1302) of title I of Pub. L. 99-570, amending section 960 of this
    title) may be cited as the 'Controlled Substances Import and Export
    Penalties Enhancement Act of 1986'."
      Pub. L. 99-570, title I, Sec. 1821, Oct. 27, 1986, 100 Stat.
    3207-51, which provided that subtitle O (Sec. 1821-1823) of title I
    of Pub. L. 99-570, enacting section 857 of this title and
    provisions set out as a note under section 857 of this title, was
    to be cited as the "Mail Order Drug Paraphernalia Control Act",
    was repealed by Pub. L. 101-647, title XXIV, Sec. 2401(d), Nov. 29,
    1990, 104 Stat. 4859.
      Pub. L. 99-570, title I, Sec. 1991, Oct. 27, 1986, 100 Stat.
    3207-59, provided that: "This subtitle (subtitle U (Sec. 1991,
    1992) of title I of Pub. L. 99-570, amending section 881 of this
    title) may be cited as the 'Federal Drug Law Enforcement Agent
    Protection Act of 1986'."
                       SHORT TITLE OF 1984 AMENDMENT
      Pub. L. 98-473, title II, Sec. 501, Oct. 12, 1984, 98 Stat. 2068,
    provided that: "This chapter (chapter V (Sec. 501-525) of title II
    of Pub. L. 98-473, enacting section 845a of this title, amending
    sections 802, 811, 812, 822-824, 827, 841, 843, 845, 873, 881, 952,
    953, 957, 958, 960, and 962 of this title, and enacting provisions
    set out as a note under this section) may be cited as the
    'Controlled Substances Penalties Amendments Act of 1984'."
      Pub. L. 98-473, title II, Sec. 506(a), Oct. 12, 1984, 98 Stat.
    2070, provided that: "This part (part B of chapter V (Sec.
    506-525) of title II of Pub. L. 98-473, amending sections 802, 811,
    812, 822-824, 827, 843, 873, 881, 952, 953, 957, and 958 of this
    title) may be cited as the 'Dangerous Drug Diversion Control Act of
    1984'."
                       SHORT TITLE OF 1978 AMENDMENT
      Pub. L. 95-633, Sec. 1, Nov. 10, 1978, 92 Stat. 3768, provided:
    "That this Act (enacting sections 801a, 830, and 852 of this
    title, amending sections 352, 802, 811, 812, 823, 827, 841 to 843,
    872, 881, 952, 953, and 965 of this title and section 242a of Title
    42, The Public Health and Welfare, repealing section 830 of this
    title (effective Jan. 1, 1981), and enacting provisions set out as
    notes under sections 801a, 812, and 830 of this title) may be cited
    as the 'Psychotropic Substances Act of 1978'."
                       SHORT TITLE OF 1974 AMENDMENT
      Pub. L. 93-281, Sec. 1, May 14, 1974, 88 Stat. 124, provided:
    "That this Act (amending sections 802, 823, 824, and 827 of this
    title) may be cited as the 'Narcotic Addict Treatment Act of
    1974'."
                                SHORT TITLE
      Pub. L. 91-513, in the provisions preceding section 1 immediately
    following the enacting clause, provided: "That this Act (enacting
    this chapter and sections 257a, 2688l-1, 2688n-1, and 3509 of Title
    42, The Public Health and Welfare, amending sections 162, 198a,
    321, 331, 333, 334, 360, 372, and 381 of this title, sections 1114,
    1952, and 4251 of Title 18, Crimes and Criminal Procedure, sections
    1584, 2078, 2079, and 2080 of Title 19, Customs Duties, sections
    4901, 4905, 6808, 7012, 7103, 7326, 7607, 7609, 7641, 7651, and
    7655 of Title 26, Internal Revenue Code, section 2901 of Title 28,
    Judiciary and Judicial Procedure, section 304m of Title 40, Public
    Buildings, Property, and Works, sections 201, 225a, 242, 242a, 246,
    257, 258, 259, 260, 261, 261a, 2688k, 2688l, 2688m, 2688n, 2688o,
    2688r, and 3411 of Title 42, The Public Health and Welfare, section
    239a of former Title 46, Shipping, and section 787 of Title 49,
    Appendix, Transportation, repealing sections 171 to 174, 176 to
    185, 188 to 188n, 191 to 193, 197, 198, 199, 360a, and 501 to 517
    of this title, sections 1401 to 1407 and 3616 of Title 18, sections
    4701 to 4707, 4711 to 4716, 4721 to 4726, 4731 to 4736, 4741 to
    4746, 4751 to 4757, 4761, 4762, 4771 to 4776, 7237, 7238, and 7491
    of Title 26, sections 529a and 529g of former Title 31, Money and
    Finance, and section 1421m of Title 48, Territories and Insular
    Possessions, and enacting provisions set out as notes under this
    section and sections 171, 321, 822, 951, and 957 of this title) may
    be cited as the 'Comprehensive Drug Abuse Prevention and Control
    Act of 1970'."
      Section 100 of title II of Pub. L. 91-513 provided that: "This
    title (enacting this subchapter, repealing section 360a of this
    title, amending sections 321, 331, 333, 334, 360, 372, and 381 of
    this title, sections 1114 and 1952 of Title 18, Crimes and Criminal
    Procedure, and section 242 of Title 42, The Public Health and
    Welfare, and enacting provisions set out as notes under this
    section and sections 321 and 822 of this title) may be cited as the
    'Controlled Substances Act'."
      For short title and complete classification of title III of Pub.
    L. 91-513, which enacted subchapter II of this chapter, as the
    "Controlled Substances Import and Export Act", see section 1000
    of Pub. L. 91-513, set out as a note under section 951 of this
    title.
                                SEVERABILITY
      Pub. L. 106-310, div.  B, title XXXVI, Sec. 3673, Oct. 17, 2000,
    114 Stat. 1246, provided that: "Any provision of this title (see
    Short Title of 2000 Amendments note above) held to be invalid or
    unenforceable by its terms, or as applied to any person or
    circumstance, shall be construed as to give the maximum effect
    permitted by law, unless such provision is held to be utterly
    invalid or unenforceable, in which event such provision shall be
    severed from this title and shall not affect the applicability of
    the remainder of this title, or of such provision, to other persons
    not similarly situated or to other, dissimilar circumstances."
               CONTINUATION OF ORDERS, RULES, AND REGULATIONS
      Section 705 of title II of Pub. L. 91-513 provided that: "Any
    orders, rules, and regulations which have been promulgated under
    any law affected by this title (see Short Title note above) and
    which are in effect on the day preceding enactment of this title
    (Oct. 27, 1970) shall continue in effect until modified,
    superseded, or repealed."
          ANTI-DRUG MESSAGES ON FEDERAL GOVERNMENT INTERNET SITES
      Pub. L. 106-391, title III, Sec. 320, Oct. 30, 2000, 114 Stat.
    1597, provided that: "Not later than 90 days after the date of the
    enactment of this Act (Oct. 30, 2000), the Administrator (of the
    National Aeronautics and Space Administration), in consultation
    with the Director of the Office of National Drug Control Policy,
    shall place anti-drug messages on Internet sites controlled by the
    National Aeronautics and Space Administration."
      Pub. L. 106-310, div.  B, title XXXVI, Sec. 3671, Oct. 17, 2000,
    114 Stat. 1245, provided that: "Not later than 90 days after the
    date of the enactment of this Act (Oct. 17, 2000), the head of each
    department, agency, and establishment of the Federal Government
    shall, in consultation with the Director of the Office of National
    Drug Control Policy, place antidrug messages on appropriate
    Internet websites controlled by such department, agency, or
    establishment which messages shall, where appropriate, contain an
    electronic hyperlink to the Internet website, if any, of the
    Office."
    PROTOCOLS FOR INVESTIGATIONS AND PROSECUTIONS RELATING TO DATE-RAPE
       DRUGS AND OTHER CONTROLLED SUBSTANCES; ANNUAL REPORT; NATIONAL
                             AWARENESS CAMPAIGN
      Pub. L. 106-172, Sec. 6, 7, Feb. 18, 2000, 114 Stat. 11, provided
    that:
    "SEC. 6. DEVELOPMENT OF MODEL PROTOCOLS, TRAINING MATERIALS,
        FORENSIC FIELD TESTS, AND COORDINATION MECHANISM FOR
        INVESTIGATIONS AND PROSECUTIONS RELATING TO GAMMA
        HYDROXYBUTYRIC ACID, OTHER CONTROLLED SUBSTANCES, AND DESIGNER
        DRUGS.
      "(a) In General. - The Attorney General, in consultation with
    the Administrator of the Drug Enforcement Administration and the
    Director of the Federal Bureau of Investigation, shall -
        "(1) develop -
          "(A) model protocols for the collection of toxicology
        specimens and the taking of victim statements in connection
        with investigations into and prosecutions related to possible
        violations of the Controlled Substances Act (21 U.S.C. 801 et
        seq.) or other Federal or State laws that result in or
        contribute to rape, other crimes of violence, or other crimes
        involving abuse of gamma hydroxybutyric acid, other controlled
        substances, or so-called 'designer drugs'; and
          "(B) model training materials for law enforcement personnel
        involved in such investigations; and
        "(2) make such protocols and training materials available to
      Federal, State, and local personnel responsible for such
      investigations.
      "(b) Grant. -
        "(1) In general. - The Attorney General shall make a grant, in
      such amount and to such public or private person or entity as the
      Attorney General considers appropriate, for the development of
      forensic field tests to assist law enforcement officials in
      detecting the presence of gamma hydroxybutyric acid and related
      substances.
        "(2) Authorization of appropriations. - There are authorized
      to be appropriated such sums as may be necessary to carry out
      this subsection.
      "(c) Report. - Not later than 180 days after the date of the
    enactment of this Act (Feb. 18, 2000), the Attorney General shall
    submit to the Committees on the Judiciary of the Senate and House
    of Representatives a report on current mechanisms for coordinating
    Federal, State, and local investigations into and prosecutions
    related to possible violations of the Controlled Substances Act (21
    U.S.C. 801 et seq.) or other Federal or State laws that result in
    or contribute to rape, other crimes of violence, or other crimes
    involving the abuse of gamma hydroxybutyric acid, other controlled
    substances, or so-called 'designer drugs'.  The report shall also
    include recommendations for the improvement of such mechanisms.
    "SEC. 7. ANNUAL REPORT REGARDING DATE-RAPE DRUGS; NATIONAL
        AWARENESS CAMPAIGN.
      "(a) Annual Report. - The Secretary of Health and Human Services
    (in this section referred to as the 'Secretary') shall periodically
    submit to Congress reports each of which provides an estimate of
    the number of incidents of the abuse of date-rape drugs (as defined
    in subsection (c)) that occurred during the most recent 1-year
    period for which data are available.  The first such report shall
    be submitted not later than January 15, 2000, and subsequent
    reports shall be submitted annually thereafter.
      "(b) National Awareness Campaign. -
        "(1) Development of plan; recommendations of advisory
      committee. -
          "(A) In general. - The Secretary, in consultation with the
        Attorney General, shall develop a plan for carrying out a
        national campaign to educate individuals described in
        subparagraph (B) on the following:
            "(i) The dangers of date-rape drugs.
            "(ii) The applicability of the Controlled Substances Act
          (21 U.S.C. 801 et seq.) to such drugs, including penalties
          under such Act.
            "(iii) Recognizing the symptoms that indicate an
          individual may be a victim of such drugs, including symptoms
          with respect to sexual assault.
            "(iv) Appropriately responding when an individual has such
          symptoms.
          "(B) Intended population. - The individuals referred to in
        subparagraph (A) are young adults, youths, law enforcement
        personnel, educators, school nurses, counselors of rape
        victims, and emergency room personnel in hospitals.
          "(C) Advisory committee. - Not later than 180 days after the
        date of the enactment of this Act (Feb. 18, 2000), the
        Secretary shall establish an advisory committee to make
        recommendations to the Secretary regarding the plan under
        subparagraph (A). The committee shall be composed of
        individuals who collectively possess expertise on the effects
        of date-rape drugs and on detecting and controlling the drugs.
        "(2) Implementation of plan. - Not later than 180 days after
      the date on which the advisory committee under paragraph (1) is
      established, the Secretary, in consultation with the Attorney
      General, shall commence carrying out the national campaign under
      such paragraph in accordance with the plan developed under such
      paragraph.  The campaign may be carried out directly by the
      Secretary and through grants and contracts.
        "(3) Evaluation by general accounting office. - Not later than
      2 years after the date on which the national campaign under
      paragraph (1) is commenced, the Comptroller General of the United
      States shall submit to Congress an evaluation of the effects with
      respect to date-rape drugs of the national campaign.
      "(c) Definition. - For purposes of this section, the term
    'date-rape drugs' means gamma hydroxybutyric acid and its salts,
    isomers, and salts of isomers and such other drugs or substances as
    the Secretary, after consultation with the Attorney General,
    determines to be appropriate."
      CONGRESSIONAL FINDINGS REGARDING METHAMPHETAMINE MANUFACTURE AND
                                   ABUSE
      Pub. L. 104-237, Sec. 2, Oct. 3, 1996, 110 Stat. 3100, provided
    that: "The Congress finds the following:
        "(1) Methamphetamine is a very dangerous and harmful drug.  It
      is highly addictive and is associated with permanent brain damage
      in long-term users.
        "(2) The abuse of methamphetamine has increased dramatically
      since 1990. This increased use has led to devastating effects on
      individuals and the community, including -
          "(A) a dramatic increase in deaths associated with
        methamphetamine ingestion;
          "(B) an increase in the number of violent crimes associated
        with methamphetamine ingestion; and
          "(C) an increase in criminal activity associated with the
        illegal importation of methamphetamine and precursor compounds
        to support the growing appetite for this drug in the United
        States.
        "(3) Illegal methamphetamine manufacture and abuse presents an
      imminent public health threat that warrants aggressive law
      enforcement action, increased research on methamphetamine and
      other substance abuse, increased coordinated efforts to prevent
      methamphetamine abuse, and increased monitoring of the public
      health threat methamphetamine presents to the communities of the
      United States."
      SUPPORT FOR INTERNATIONAL EFFORTS TO CONTROL METHAMPHETAMINE AND
                                 PRECURSORS
      Pub. L. 104-237, title I, Sec. 101, Oct. 3, 1996, 110 Stat. 3100,
    provided that: "The Attorney General, in consultation with the
    Secretary of State, shall coordinate international drug enforcement
    efforts to decrease the movement of methamphetamine and
    methamphetamine precursors into the United States."
                   INTERAGENCY METHAMPHETAMINE TASK FORCE
      Pub. L. 104-237, title V, Sec. 501, Oct. 3, 1996, 110 Stat. 3111,
    provided that:
      "(a) Establishment. - There is established a 'Methamphetamine
    Interagency Task Force' (referred to as the 'interagency task
    force') which shall consist of the following members:
        "(1) The Attorney General, or a designee, who shall serve as
      chair.
        "(2) 2 representatives selected by the Attorney General.
        "(3) The Secretary of Education or a designee.
        "(4) The Secretary of Health and Human Services or a designee.
        "(5) 2 representatives of State and local law enforcement and
      regulatory agencies, to be selected by the Attorney General.
        "(6) 2 representatives selected by the Secretary of Health and
      Human Services.
        "(7) 5 nongovernmental experts in drug abuse prevention and
      treatment to be selected by the Attorney General.
      "(b) Responsibilities. - The interagency task force shall be
    responsible for designing, implementing, and evaluating the
    education and prevention and treatment practices and strategies of
    the Federal Government with respect to methamphetamine and other
    synthetic stimulants.
      "(c) Meetings. - The interagency task force shall meet at least
    once every 6 months.
      "(d) Funding. - The administrative expenses of the interagency
    task force shall be paid out of existing Department of Justice
    appropriations.
      "(e) FACA. - The Federal Advisory Committee Act (5 U.S.C. App.
    2) (5 U.S.C. App.) shall apply to the interagency task force.
      "(f) Termination. - The interagency task force shall terminate 4
    years after the date of enactment of this Act (Oct. 3, 1996)."
                        SUSPICIOUS ORDERS TASK FORCE
      Pub. L. 104-237, title V, Sec. 504, Oct. 3, 1996, 110 Stat. 3112,
    provided that:
      "(a) In General. - The Attorney General shall establish a
    'Suspicious Orders Task Force' (the 'Task Force') which shall
    consist of -
        "(1) appropriate personnel from the Drug Enforcement
      Administration (the 'DEA') and other Federal, State, and local
      law enforcement and regulatory agencies with the experience in
      investigating and prosecuting illegal transactions of listed
      chemicals and supplies; and
        "(2) representatives from the chemical and pharmaceutical
      industry.
      "(b) Responsibilities. - The Task Force shall be responsible for
    developing proposals to define suspicious orders of listed
    chemicals, and particularly to develop quantifiable parameters
    which can be used by registrants in determining if an order is a
    suspicious order which must be reported to DEA. The quantifiable
    parameters to be addressed will include frequency of orders,
    deviations from prior orders, and size of orders.  The Task Force
    shall also recommend provisions as to what types of payment
    practices or unusual business practices shall constitute prima
    facie suspicious orders.  In evaluating the proposals, the Task
    Force shall consider effectiveness, cost and feasibility for
    industry and government, and other relevant factors.
      "(c) Meetings. - The Task Force shall meet at least two times
    per year and at such other times as may be determined necessary by
    the Task Force.
      "(d) Report. - The Task Force shall present a report to the
    Attorney General on its proposals with regard to suspicious orders
    and the electronic reporting of suspicious orders within one year
    of the date of enactment of this Act (Oct. 3, 1996). Copies of the
    report shall be forwarded to the Committees of the Senate and House
    of Representatives having jurisdiction over the regulation of
    listed chemical and controlled substances.
      "(e) Funding. - The administrative expenses of the Task Force
    shall be paid out of existing Department of Justice funds or
    appropriations.
      "(f) FACA. - The Federal Advisory Committee Act (5 U.S.C. App.
    2) (5 U.S.C. App.) shall apply to the Task Force.
      "(g) Termination. - The Task Force shall terminate upon
    presentation of its report to the Attorney General, or two years
    after the date of enactment of this Act (Oct. 3, 1996), whichever
    is sooner."
           JOINT FEDERAL TASK FORCE ON ILLEGAL DRUG LABORATORIES
      Pub. L. 100-690, title II, Sec. 2405, Nov. 18, 1988, 102 Stat.
    4231, provided that:
      "(a) Establishment of Task Force. - There is established the
    Joint Federal Task Force on Illegal Drug Laboratories (hereafter in
    this section referred to as the 'Task Force').
      "(b) Appointment and Membership of Task Force. - The members of
    the Task Force shall be appointed by the Administrators of the
    Environmental Protection Agency and the Drug Enforcement
    Administration (hereafter in this section referred to as the
    'Administrators'). The Task Force shall consist of at least 6 and
    not more than 20 members.  Each Administrator shall appoint
    one-half of the members as follows: (1) the Administrator of the
    Environmental Protection Agency shall appoint members from among
    Emergency Response Technicians and other appropriate employees of
    the Agency; and (2) the Administrator of the Drug Enforcement
    Administration shall appoint members from among Special Agents
    assigned to field divisions and other appropriate employees of the
    Administration.
      "(c) Duties of Task Force. - The Task Force shall formulate,
    establish, and implement a program for the cleanup and disposal of
    hazardous waste produced by illegal drug laboratories.  In
    formulating such program, the Task Force shall consider the
    following factors:
        "(1) The volume of hazardous waste produced by illegal drug
      laboratories.
        "(2) The cost of cleaning up and disposing of hazardous waste
      produced by illegal drug laboratories.
        "(3) The effectiveness of the various methods of cleaning up
      and disposing of hazardous waste produced by illegal drug
      laboratories.
        "(4) The coordination of the efforts of the Environmental
      Protection Agency and the Drug Enforcement Administration in
      cleaning up and disposing of hazardous waste produced by illegal
      drug laboratories.
        "(5) The dissemination of information to law enforcement
      agencies that have responsibility for enforcement of drug laws.
      "(d) Guidelines. - The Task Force shall recommend to the
    Administrators guidelines for cleanup of illegal drug laboratories
    to protect the public health and environment.  Not later than 180
    days after the date of the enactment of this subtitle (Nov. 18,
    1988), the Administrators shall formulate and publish such
    guidelines.
      "(e) Demonstration Projects. -
        "(1) The Attorney General shall make grants to, and enter into
      contracts with, State and local governments for demonstration
      projects to clean up and safely dispose of substances associated
      with illegal drug laboratories which may present a danger to
      public health or the environment.
        "(2) The Attorney General may not under this subsection make a
      grant or enter into a contract unless the applicant for such
      assistance agrees to comply with the guidelines issued pursuant
      to subsection (d).
        "(3) The Attorney General shall, through grant or contract,
      provide for independent evaluations of the activities carried out
      pursuant to this subsection and shall recommend appropriate
      legislation to the Congress.
      "(f) Funding. - Of the amounts made available to carry out the
    Controlled Substances Act (21 U.S.C. 801 et seq.) for fiscal year
    1989, not less than $5,000,000 shall be made available to carry out
    subsections (d) and (e).
      "(g) Reports. - After consultation with the Task Force, the
    Administrators shall -
        "(1) transmit to the President and to each House of Congress
      not later than 270 days after the date of the enactment of this
      subtitle (Nov. 18, 1988) a report describing the program
      established by the Task Force under subsection (c) (including an
      analysis of the factors specified in paragraphs (1) through (5)
      of that subsection);
        "(2) periodically transmit to the President and to each House
      of Congress reports describing the implementation of the program
      established by the Task Force under subsection (c) (including an
      analysis of the factors specified in paragraphs (1) through (5)
      of that subsection) and the progress made in the cleanup and
      disposal of hazardous waste produced by illegal drug
      laboratories; and
        "(3) transmit to each House of Congress a report describing
      the findings made as a result of the evaluations referred to in
      subsection (e)(3)."
                       GREAT LAKES DRUG INTERDICTION
      Pub. L. 100-690, title VII, Sec. 7404, Nov. 18, 1988, 102 Stat.
    4484, provided that:
      "(a) Interagency Agreement. - The Secretary of Transportation
    and the Secretary of the Treasury shall enter into an agreement for
    the purpose of increasing the effectiveness of maritime drug
    interdiction activities of the Coast Guard and the Customs Service
    in the Great Lakes area.
      "(b) Negotiations With Canada on Drug Enforcement Cooperation. -
    The Secretary of State is encouraged to enter into negotiations
    with appropriate officials of the Government of Canada for the
    purpose of establishing an agreement between the United States and
    Canada which provides for increased cooperation and sharing of
    information between United States and Canadian law enforcement
    officials with respect to law enforcement efforts conducted on the
    Great Lakes between the United States and Canada."
         GAO STUDY OF CAPABILITIES OF UNITED STATES TO CONTROL DRUG
                        SMUGGLING INTO UNITED STATES
      Pub. L. 100-180, div.  A, title XII, Sec. 1241, Dec. 4, 1987, 101
    Stat. 1162, directed Comptroller General of the United States to
    conduct a comprehensive study regarding smuggling of illegal drugs
    into United States and current capabilities of United States to
    deter such smuggling, with special consideration given to issues
    involving use of military and National Guard units along with
    Customs Service in cooperative drug smuggling interdiction efforts,
    and to issue, not later than Apr. 30, 1988, and Mar. 31, 1989,
    reports to Congress outlining results of this study.
                         COMPLIANCE WITH BUDGET ACT
      Pub. L. 99-570, Sec. 3, Oct. 27, 1986, 100 Stat. 3207-1, provided
    that: "Notwithstanding any other provision of this Act (see Tables
    for classification), any spending authority and any credit
    authority provided under this Act shall be effective for any fiscal
    year only to such extent or in such amounts as are provided in
    appropriation Acts. For purposes of this Act, the term 'spending
    authority' has the meaning provided in section 401(c)(2) of the
    Congressional Budget Act of 1974 (2 U.S.C. 651(c)(2)) and the term
    'credit authority' has the meaning provided in section 3(10) of the
    Congresssional (sic) Budget Act of 1974 (2 U.S.C. 622(10))."
                             DRUG INTERDICTION
      Pub. L. 99-570, title III, Sec. 3001-3003, 3301, Oct. 27, 1986,
    100 Stat. 3207-73, 3207-74, 3207-98, as amended by Pub. L. 104-66,
    title I, Sec. 1091(a), Dec. 21, 1995, 109 Stat. 722, provided that:
    "SEC. 3001. SHORT TITLE.
      "This title (enacting section 379 of Title 10, Armed Forces,
    sections 1590, 1628, 1629, and 2081 of Title 19, Customs Duties,
    and section 312a of Title 47, Telegraphs, Telephones, and
    Radiotelegraphs, amending section 959 of this title, sections 374
    and 911 of Title 10, sections 507, 1401, 1433, 1436, 1454, 1459,
    1497, 1509, 1584 to 1586, 1594 to 1595a, 1613, 1613b, 1619, and
    1622 of Title 19, section 5316 of Title 31, Money and Finance,
    section 12109 of Title 46, Shipping, sections 1901 to 1904 of Title
    46, Appendix, Shipping, and sections 1401, 1472, 1474, and 1509 of
    former Title 49, Transportation, repealing section 1460 of Title
    19, enacting provisions set out as notes under section 801 of this
    title, sections 371, 374, 525, and 9441 of Title 10, sections 1613b
    and 1654 of Title 19, section 403 of Title 23, Highways, section
    1901 of Title 46, Appendix, section 11344 of Title 49, and section
    1509 of former Title 49, and repealing provisions set out as a note
    under section 89 of Title 14, Coast Guard) may be cited as the
    'National Drug Interdiction Improvement Act of 1986'.
    "SEC. 3002. FINDINGS.
      "The Congress hereby finds that -
        "(1) a balanced, coordinated, multifaceted strategy for
      combating the growing drug abuse and drug trafficking problem in
      the United States is essential in order to stop the flow and
      abuse of drugs within our borders;
        "(2) a balanced, coordinated, multifaceted strategy for
      combating the narcotics drug abuse and trafficking in the United
      States should include -
          "(A) increased investigations of large networks of drug
        smuggler organizations;
          "(B) source country drug eradication;
          "(C) increased emphasis on stopping narcotics traffickers in
        countries through which drugs are transshipped;
          "(D) increased emphasis on drug education programs in the
        schools and workplace;
          "(E) increased Federal Government assistance to State and
        local agencies, civic groups, school systems, and officials in
        their efforts to combat the drug abuse and trafficking problem
        at the local level; and
          "(F) increased emphasis on the interdiction of drugs and
        drug smugglers at the borders of the United States, in the air,
        at sea, and on the land;
        "(3) funds to support the interdiction of narcotics smugglers
      who threaten the transport of drugs through the air, on the sea,
      and across the land borders of the United States should be
      emphasized in the Federal Government budget process to the same
      extent as the other elements of a comprehensive antidrug effort
      are emphasized;
        "(4) the Department of Defense and the use of its resources
      should be an integral part of a comprehensive, natonal (national)
      drug interdiction program;
        "(5) the Federal Government civilian agencies engaged in drug
      interdiction, particularly the United States Customs Service and
      the Coast Guard, currently lack the aircraft, ships, radar,
      command, control, communications, and intelligence (C3I) system,
      and manpower resources necessary to mount a comprehensive attack
      on the narcotics traffickers who threaten the United States;
        "(6) the civilian drug interdiction agencies of the United
      States are currently interdicting only a small percentage of the
      illegal, drug smuggler penetrations in the United States every
      year;
        "(7) the budgets for our civilian drug interdiction agencies,
      primarily the United States Customs Service and the Coast Guard,
      have not kept pace with those of the traditional investigative
      law enforcement agencies of the Department of Justice; and
        "(8) since the amendment of the Posse Comitatus Act (18 U.S.C.
      1385) in 1981, the Department of Defense has assisted in the
      effort to interdict drugs, but they can do more.
    "SEC. 3003. PURPOSES.
      "It is the purpose of this title -
        "(1) to increase the level of funding and resources available
      to civilian drug interdiction agencies of the Federal Government;
        "(2) to increase the level of support from the Department of
      Defense as consistent with the Posse Comitatus Act (18 U.S.C.
      1385), for interdiction of the narcotics traffickers before such
      traffickers penetrate the borders of the United States; and
        "(3) to improve other drug interdiction programs of the
      Federal Government.
    "SEC. 3301. ESTABLISHMENT OF A UNITED STATES-BAHAMAS DRUG
        INTERDICTION TASK FORCE
      "(a) Authorization of Appropriations. -
        "(1) Establishment of a united states-bahamas drug
      interdiction task force. - (A) There is authorized to be
      established a United States-Bahamas Drug Interdiction Task Force
      to be operated jointly by the United States Government and the
      Government of the Bahamas.
        "(B) The Secretary of State, the Commandant of the Coast
      Guard, the Commissioner of Customs, the Attorney General, and the
      head of the National Narcotics Border Interdiction System
      (NNBIS), shall upon enactment of this Act (Oct. 27, 1986),
      immediately commence negotiations with the Government of the
      Bahamas to enter into a detailed agreement for the establishment
      and operation of a new drug interdiction task force, including
      plans for (i) the joint operation and maintenance of any drug
      interdiction assets authorized for the task force in this section
      and section 3141 (see 19 U.S.C. 2075), and (ii) any training and
      personnel enhancements authorized in this section and section
      3141.
        "(2) Amounts authorized. - There are authorized to be
      appropriated, in addition to any other amounts authorized to be
      appropriated in this title (see section 3001 of Pub. L. 99-570
      set out above), $10,000,000 for the following:
          "(A) $9,000,000 for 3 drug interdiction pursuit helicopters
        for use primarily for operations of the United States-Bahamas
        Drug Interdiction Task Force established under this section;
        and
          "(B) $1,000,000 to enhance communications capabilities for
        the operation of a United States-Bahamas Drug Interdiction Task
        Force established under this section.
        "(3) Coast guard-bahamas drug interdiction docking facility. -
      (A) There is authorized to be appropriated for acquisition,
      construction, and improvements for the Coast Guard for fiscal
      year 1987, $5,000,000, to be used for initial design engineering,
      and other activities for construction of a drug interdiction
      docking facility in the Bahamas to facilitate Coast Guard and
      Bahamian drug interdiction operations in and through the Bahama
      Islands. Of the amounts authorized to be appropriated in this
      subsection, such sums as may be necessary shall be available for
      necessary communication and air support.
        "(B) The Commandant of the Coast Guard shall use such amounts
      appropriated pursuant to the authorization in this paragraph as
      may be necessary to establish a repair, maintenance, and boat
      lift facility to provide repair and maintenance services for both
      Coast Guard and Bahamian marine drug interdiction equipment,
      vessels, and related assets.
      "(b) Concurrence by Secretary of State. - Programs authorized by
    this section may be carried out only with the concurrence of the
    Secretary of State."
                 INFORMATION ON DRUG ABUSE AT THE WORKPLACE
      Pub. L. 99-570, title IV, Sec. 4303, Oct. 27, 1986, 100 Stat.
    3207-154, directed Secretary of Labor to collect such information
    as is available on the incidence of drug abuse in the workplace and
    efforts to assist workers, including counseling, rehabilitation and
    employee assistance programs, to conduct such additional research
    as is necessary to assess the impact and extent of drug abuse and
    remediation efforts, and submit the findings of such collection and
    research to Congress no later than two years from Oct. 27, 1986.
                          INTERAGENCY COORDINATION
      Pub. L. 99-570, title IV, Sec. 4304, Oct. 27, 1986, 100 Stat.
    3207-154, provided that:
      "(a) The Secretary of Education, the Secretary of Health and
    Human Services, and the Secretary of Labor shall each designate an
    officer or employee of the Departments of Education, Health and
    Human Services, and Labor, respectively, to coordinate interagency
    drug abuse prevention activities to prevent duplication of effort.
      "(b) Within one year after enactment of this Act (Oct. 27,
    1986), a report shall be jointly submitted to the Congress by such
    Secretaries concerning the extent to which States and localities
    have been able to implement non-duplicative drug abuse prevention
    activities."
                       SUBSTANCE ABUSE COVERAGE STUDY
      Pub. L. 99-570, title VI, Sec. 6005, Oct. 27, 1986, 100 Stat.
    3207-160, as amended by Pub. L. 100-690, title II, Sec. 2058(c),
    Nov. 18, 1988, 102 Stat. 4214, directed Secretary of Health and
    Human Services to contract with Institute of Medicine of National
    Academy of Sciences to conduct a study of extent to which cost of
    drug abuse treatment is covered by private insurance, public
    programs, and other sources of payment, and adequacy of such
    coverage for the rehabilitation of drug abusers, and not later than
    18 months after execution of such contract to transmit to Congress
    a report of results of study, including recommendations of means to
    meet the needs identified in such study.
          HEALTH INSURANCE COVERAGE FOR DRUG AND ALCOHOL TREATMENT
      Pub. L. 99-570, title VI, Sec. 6006, Oct. 27, 1986, 100 Stat.
    3207-160, provided that:
      "(a) Findings. - The Congress finds that -
        "(1) drug and alcohol abuse are problems of grave concern and
      consequence in American society;
        "(2) over 500,000 individuals are known heroin addicts; 5
      million individuals use cocaine; and at least 7 million
      individuals regularly use prescription drugs, mostly addictive
      ones, without medical supervision;
        "(3) 10 million adults and 3 million children and adolescents
      abuse alcohol, and an additional 30 to 40 million people are
      adversely affected because of close family ties to alcoholics;
        "(4) the total cost of drug abuse to the Nation in 1983 was
      over $60,000,000,000; and
        "(5) the vast majority of health benefits plans provide only
      limited coverage for treatment of drug and alcohol addiction,
      which is a fact that can discourage the abuser from seeking
      treatment or, if the abuser does seek treatment, can cause the
      abuser to face significant out of pocket expenses for the
      treatment.
      "(b) Sense of Congress. - It is the sense of Congress that -
        "(1) all employers providing health insurance policies should
      ensure that the policies provide adequate coverage for treatment
      of drug and alcohol addiction in recognition that the health
      consequences and costs for individuals and society can be as
      formidable as those resulting from other diseases and illnesses
      for which insurance coverage is much more adequate; and
        "(2) State insurance commissioners should encourage employers
      providing health benefits plans to ensure that the policies
      provide more adequate coverage for treatment of drug and alcohol
      addiction."
                   COMMISSION ON MARIHUANA AND DRUG ABUSE
      Section 601 of Pub. L. 91-513, as amended by Pub. L. 92-13, May
    14, 1971, 85 Stat. 37, provided that:
      "(a) (Establishment; composition) There is established a
    commission to be known as the Commission on Marihuana and Drug
    Abuse (hereafter in this section referred to as the 'Commission').
    The Commission shall be composed of -
        "(1) two Members of the Senate appointed by the President of
      the Senate;
        "(2) two Members of the House of Representatives appointed by
      the Speaker of the House of Representatives; and
        "(3) nine members appointed by the President of the United
      States.
    At no time shall more than one of the members appointed under
    paragraph (1), or more than one of the members appointed under
    paragraph (2), or more than five of the members appointed under
    paragraph (3) be members of the same political party.
      "(b) (Chairman; Vice Chairman; compensation of members;
    meetings) (1) The President shall designate one of the members of
    the Commission as Chairman and one as Vice Chairman. Seven members
    of the Commission shall constitute a quorum, but a lesser number
    may conduct hearings.
      "(2) Members of the Commission who are Members of Congress or
    full-time officers or employees of the United States shall serve
    without additional compensation but shall be reimbursed for travel,
    subsistence, and other necessary expenses incurred in the
    performance of the duties vested in the Commission. Members of the
    Commission from private life shall receive $100 per diem while
    engaged in the actual performance of the duties vested in the
    Commission, plus reimbursement for travel, subsistence, and other
    necessary expenses incurred in the performance of such duties.
      "(3) The Commission shall meet at the call of the Chairman or at
    the call of a majority of the members thereof.
      "(c) (Personnel; experts; information from departments and
    agencies) (1) The Commission shall have the power to appoint and
    fix the compensation of such personnel as it deems advisable,
    without regard to the provisions of title 5, United States Code,
    governing appointments in the competitive service, and the
    provisions of chapter 51 and subchapter III of chapter 53 of such
    title, relating to classification and General Schedule pay rates.
      "(2) The Commission may procure, in accordance with the
    provisions of section 3109 of title 5, United States Code, the
    temporary or intermittent services of experts or consultants.
    Persons so employed shall receive compensation at a rate to be
    fixed by the Commission, but not in excess of $75 per diem,
    including traveltime.  While away from his home or regular place of
    business in the performance of services for the Commission, any
    such person may be allowed travel expenses, including per diem in
    lieu of subsistence, as authorized by section 5703(b) of title 5,
    United States Code, for persons in the Government service employed
    intermittently.
      "(3) The Commission may secure directly from any department or
    agency of the United States information necessary to enable it to
    carry out its duties under this section.  Upon request of the
    Chairman of the Commission, such department or agency shall furnish
    such information to the Commission.
      "(d) (Marihuana study; report to the President and the Congress)
    (1) The Commission shall conduct a study of marihuana including,
    but not limited to, the following areas:
        "(A) the extent of use of marihuana in the United States to
      include its various sources of users, number of arrests, number
      of convictions, amount of marihuana seized, type of user, nature
      of use;
        "(B) an evaluation of the efficacy of existing marihuana laws;
        "(C) a study of the pharmacology of marihuana and its
      immediate and long-term effects, both physiological and
      psychological;
        "(D) the relationship of marihuana use to aggressive behavior
      and crime;
        "(E) the relationship between marihuana and the use of other
      drugs; and
        "(F) the international control of marihuana.
      "(2) Within one year after the date on which funds first become
    available to carry out this section, the Commission shall submit to
    the President and the Congress a comprehensive report on its study
    and investigation under this subsection which shall include its
    recommendations and such proposals for legislation and
    administrative action as may be necessary to carry out its
    recommendations.
      "(e) (Study and investigation of causes of drug abuse; report to
    the President and the Congress; termination of Commission) The
    Commission shall conduct a comprehensive study and investigation of
    the causes of drug abuse and their relative significance.  The
    Commission shall submit to the President and the Congress such
    interim reports as it deems advisable and shall within two years
    after the date on which funds first become available to carry out
    this section submit to the President and the Congress a final
    report which shall contain a detailed statement of its findings and
    conclusions and also such recommendations for legislation and
    administrative actions as it deems appropriate.  The Commission
    shall cease to exist sixty days after the final report is submitted
    under this subsection.
      "(f) (Limitation on expenditures) Total expenditures of the
    Commission shall not exceed $4,000,000."
 
-EXEC-
                         EXECUTIVE ORDER NO. 11599
      Ex. Ord. No. 11599, June 17, 1971, 36 F.R. 11793, which
    established the Special Action Office for Drug Abuse Prevention,
    was superseded.  See Prior Provisions notes set out under section
    1111 of this title.
                         EXECUTIVE ORDER NO. 11641
      Ex. Ord. No. 11641, Jan. 28, 1972, 37 F.R. 2421, which
    established the Office for Drug Abuse Law Enforcement, was revoked
    by Ex. Ord. No. 11727, July 6, 1973, 38 F.R. 18357, set out below.
                         EXECUTIVE ORDER NO. 11676
      Ex. Ord. No. 11676, July 27, 1972, 37 F.R. 15125, which
    established the Office of National Narcotics Intelligence, was
    revoked by Ex. Ord. No. 11727, July 6, 1973, 38 F.R. 18357, set out
    below.
                  EX. ORD. NO. 11727. DRUG LAW ENFORCEMENT
      Ex. Ord. No. 11727, July 6, 1973, 38 F.R. 18357, provided:
      Reorganization Plan No. 2 of 1973 (set out in the Appendix to
    Title 5, Government Organization and Employees), which becomes
    effective on July 1, 1973, among other things establishes a Drug
    Enforcement Administration in the Department of Justice. In my
    message to the Congress transmitting that plan, I stated that all
    functions of the Office for Drug Abuse Law Enforcement (established
    pursuant to Executive Order No. 11641 of January 28, 1972) and the
    Office of National Narcotics Intelligence (established pursuant to
    Executive Order No. 11676 of July 27, 1972) would, together with
    other related functions, be merged in the new Drug Enforcement
    Administration.
      NOW, THEREFORE, by virtue of the authority vested in me by the
    Constitution and laws of the United States, including section 5317
    of title 5 of the United States Code, as amended, it is hereby
    ordered as follows:
      Section 1. The Attorney General, to the extent permitted by law,
    is authorized to coordinate all activities of executive branch
    departments and agencies which are directly related to the
    enforcement of laws respecting narcotics and dangerous drugs.  Each
    department and agency of the Federal Government shall, upon request
    and to the extent permitted by law, assist the Attorney General in
    the performance of functions assigned to him pursuant to this
    order, and the Attorney General may, in carrying out those
    functions, utilize the services of any other agencies, Federal and
    State, as may be available and appropriate.
      Sec. 2. Executive Order No. 11641 of January 28, 1972, is revoked
    and the Attorney General shall provide for the reassignment of the
    functions of the Office for Drug Abuse Law Enforcement and for the
    abolishment of that Office.
      Sec. 3. Executive Order No. 11676 of July 27, 1972, is hereby
    revoked and the Attorney General shall provide for the reassignment
    of the functions of the Office of National Narcotics Intelligence
    and for the abolishment of that Office.
      Sec. 4. Section 1 of Executive Order No. 11708 of March 23, 1973,
    as amended (set out as a note under section 5317 of Title 5,
    Government Organization and Employees), placing certain positions
    in level IV of the Executive Schedule is hereby further amended by
    deleting -
      (1) "(6) Director, Office for Drug Abuse Law Enforcement,
    Department of Justice."; and
      (2) "(7) Director, Office of National Narcotics Intelligence,
    Department of Justice."
      Sec. 5. The Attorney General shall provide for the winding up of
    the affairs of the two offices and for the reassignment of their
    functions.
      Sec. 6. This order shall be effective as of July 1, 1973.
                                                          Richard Nixon.
 
-SECREF-
                     ACT REFERRED TO IN OTHER SECTIONS
      The Chemical Diversion and Trafficking Act of 1988 is referred to
    in title 18 section 1956.
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 15 section 1456.
 
-CITE-
    21 USC Sec. 801a                                             01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part A - Introductory Provisions
 
-HEAD-
    Sec. 801a. Congressional findings and declarations: psychotropic
        substances
 
-STATUTE-
      The Congress makes the following findings and declarations:
        (1) The Congress has long recognized the danger involved in the
      manufacture, distribution, and use of certain psychotropic
      substances for nonscientific and nonmedical purposes, and has
      provided strong and effective legislation to control illicit
      trafficking and to regulate legitimate uses of psychotropic
      substances in this country.  Abuse of psychotropic substances has
      become a phenomenon common to many countries, however, and is not
      confined to national borders.  It is, therefore, essential that
      the United States cooperate with other nations in establishing
      effective controls over international traffic in such substances.
        (2) The United States has joined with other countries in
      executing an international treaty, entitled the Convention on
      Psychotropic Substances and signed at Vienna, Austria, on
      February 21, 1971, which is designed to establish suitable
      controls over the manufacture, distribution, transfer, and use of
      certain psychotropic substances.  The Convention is not
      self-executing, and the obligations of the United States
      thereunder may only be performed pursuant to appropriate
      legislation.  It is the intent of the Congress that the
      amendments made by this Act, together with existing law, will
      enable the United States to meet all of its obligations under the
      Convention and that no further legislation will be necessary for
      that purpose.
        (3) In implementing the Convention on Psychotropic Substances,
      the Congress intends that, consistent with the obligations of the
      United States under the Convention, control of psychotropic
      substances in the United States should be accomplished within the
      framework of the procedures and criteria for classification of
      substances provided in the Comprehensive Drug Abuse Prevention
      and Control Act of 1970 (21 U.S.C. 801 et seq.).  This will
      insure that (A) the availability of psychotropic substances to
      manufacturers, distributors, dispensers, and researchers for
      useful and legitimate medical and scientific purposes will not be
      unduly restricted; (B) nothing in the Convention will interfere
      with bona fide research activities; and (C) nothing in the
      Convention will interfere with ethical medical practice in this
      country as determined by the Secretary of Health and Human
      Services on the basis of a consensus of the views of the American
      medical and scientific community.
 
-SOURCE-
    (Pub. L. 95-633, title I, Sec. 101, Nov. 10, 1978, 92 Stat. 3768;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This Act, referred to in par. (2), is Pub. L. 95-633, Nov. 10,
    1978, 92 Stat. 2768, as amended, known as the Psychotropic
    Substances Act of 1978, which enacted sections 801a, 830, and 852
    of this title, amended sections 352, 802, 811, 812, 823, 827, 841
    to 843, 872, 881, 952, 953, and 965 of this title and section 242a
    of Title 42, The Public Health and Welfare, repealed section 830 of
    this title effective Jan. 1, 1981, and enacted provisions set out
    as notes under sections 801, 801a, 812, and 830 of this title.  For
    complete classification of this Act to the Code, see Short Title of
    1978 Amendment note set out under section 801 of this title and
    Tables.
      The Comprehensive Drug Abuse Prevention and Control Act of 1970,
    referred to in par. (3), is Pub. L. 91-513, Oct. 27, 1970, 84 Stat.
    1236, as amended, which is classified principally to this chapter
    (Sec. 801 et seq.).  For complete classification of this Act to the
    Code, see Short Title note set out under section 801 of this title
    and Tables.
 
-COD-
                                CODIFICATION
      Section was enacted as a part of the Psychotropic Substances Act
    of 1978, and not as a part of the Controlled Substances Act which
    comprises this subchapter.
 
-CHANGE-
                               CHANGE OF NAME
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in par. (3)
    pursuant to section 509(b) of Pub. L. 96-88, which is classified to
    section 3508(b) of Title 20, Education.
 
-MISC4-
                               EFFECTIVE DATE
      Section 112 of title I of Pub. L. 95-633 provided that: "This
    title (enacting this section and section 852 of this title,
    amending sections 352, 802, 811, 812, 823, 827, 872, 952, and 953
    of this title and section 242a of Title 42, The Public Health and
    Welfare, and enacting provisions set out as notes under sections
    801 and 812 of this title) and the amendments made by this title
    shall take effect on the date the Convention on Psychotropic
    Substances, signed at Vienna, Austria on February 21, 1971, enters
    into force in respect to the United States." (The Convention
    entered into force in respect to the United States on July 15,
    1980.)
 
-CITE-
    21 USC Sec. 802                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part A - Introductory Provisions
 
-HEAD-
    Sec. 802. Definitions
 
-STATUTE-
      As used in this subchapter:
      (1) The term "addict" means any individual who habitually uses
    any narcotic drug so as to endanger the public morals, health,
    safety, or welfare, or who is so far addicted to the use of
    narcotic drugs as to have lost the power of self-control with
    reference to his addiction.
      (2) The term "administer" refers to the direct application of a
    controlled substance to the body of a patient or research subject
    by -
        (A) a practitioner (or, in his presence, by his authorized
      agent), or
        (B) the patient or research subject at the direction and in the
      presence of the practitioner,
    whether such application be by injection, inhalation, ingestion, or
    any other means.
      (3) The term "agent" means an authorized person who acts on
    behalf of or at the direction of a manufacturer, distributor, or
    dispenser; except that such term does not include a common or
    contract carrier, public warehouseman, or employee of the carrier
    or warehouseman, when acting in the usual and lawful course of the
    carrier's or warehouseman's business.
      (4) The term "Drug Enforcement Administration" means the Drug
    Enforcement Administration in the Department of Justice.
      (5) The term "control" means to add a drug or other substance,
    or immediate precursor, to a schedule under part B of this
    subchapter, whether by transfer from another schedule or otherwise.
      (6) The term "controlled substance" means a drug or other
    substance, or immediate precursor, included in schedule I, II, III,
    IV, or V of part B of this subchapter.  The term does not include
    distilled spirits, wine, malt beverages, or tobacco, as those terms
    are defined or used in subtitle E of the Internal Revenue Code of
    1986.
      (7) The term "counterfeit substance" means a controlled
    substance which, or the container or labeling of which, without
    authorization, bears the trademark, trade name, or other
    identifying mark, imprint, number, or device, or any likeness
    thereof, of a manufacturer, distributor, or dispenser other than
    the person or persons who in fact manufactured, distributed, or
    dispensed such substance and which thereby falsely purports or is
    represented to be the product of, or to have been distributed by,
    such other manufacturer, distributor, or dispenser.
      (8) The terms "deliver" or "delivery" mean the actual,
    constructive, or attempted transfer of a controlled substance or a
    listed chemical, whether or not there exists an agency
    relationship.
      (9) The term "depressant or stimulant substance" means -
        (A) a drug which contains any quantity of barbituric acid or
      any of the salts of barbituric acid; or
        (B) a drug which contains any quantity of (i) amphetamine or
      any of its optical isomers; (ii) any salt of amphetamine or any
      salt of an optical isomer of amphetamine; or (iii) any substance
      which the Attorney General, after investigation, has found to be,
      and by regulation designated as, habit forming because of its
      stimulant effect on the central nervous systems; or
        (C) lysergic acid diethylamide; or
        (D) any drug which contains any quantity of a substance which
      the Attorney General, after investigation, has found to have, and
      by regulation designated as having, a potential for abuse because
      of its depressant or stimulant effect on the central nervous
      system or its hallucinogenic effect.
      (10) The term "dispense" means to deliver a controlled
    substance to an ultimate user or research subject by, or pursuant
    to the lawful order of, a practitioner, including the prescribing
    and administering of a controlled substance and the packaging,
    labeling or compounding necessary to prepare the substance for such
    delivery.  The term "dispenser" means a practitioner who so
    delivers a controlled substance to an ultimate user or research
    subject.
      (11) The term "distribute" means to deliver (other than by
    administering or dispensing) a controlled substance or a listed
    chemical.  The term "distributor" means a person who so delivers
    a controlled substance or a listed chemical.
      (12) The term "drug" has the meaning given that term by section
    321(g)(1) of this title.
      (13) The term "felony" means any Federal or State offense
    classified by applicable Federal or State law as a felony.
      (14) The term "isomer" means the optical isomer, except as used
    in schedule I(c) and schedule II(a)(4). As used in schedule I(c),
    the term "isomer" means any optical, positional, or geometric
    isomer.  As used in schedule II(a)(4), the term "isomer" means
    any optical or geometric isomer.
      (15) The term "manufacture" means the production, preparation,
    propagation, compounding, or processing of a drug or other
    substance, either directly or indirectly or by extraction from
    substances of natural origin, or independently by means of chemical
    synthesis or by a combination of extraction and chemical synthesis,
    and includes any packaging or repackaging of such substance or
    labeling or relabeling of its container; except that such term does
    not include the preparation, compounding, packaging, or labeling of
    a drug or other substance in conformity with applicable State or
    local law by a practitioner as an incident to his administration or
    dispensing of such drug or substance in the course of his
    professional practice.  The term "manufacturer" means a person
    who manufactures a drug or other substance.
      (16) The term "marihuana" means all parts of the plant Cannabis
    sativa L., whether growing or not; the seeds thereof; the resin
    extracted from any part of such plant; and every compound,
    manufacture, salt, derivative, mixture, or preparation of such
    plant, its seeds or resin.  Such term does not include the mature
    stalks of such plant, fiber produced from such stalks, oil or cake
    made from the seeds of such plant, any other compound, manufacture,
    salt, derivative, mixture, or preparation of such mature stalks
    (except the resin extracted therefrom), fiber, oil, or cake, or the
    sterilized seed of such plant which is incapable of germination.
      (17) The term "narcotic drug" means any of the following
    whether produced directly or indirectly by extraction from
    substances of vegetable origin, or independently by means of
    chemical synthesis, or by a combination of extraction and chemical
    synthesis:
        (A) Opium, opiates, derivatives of opium and opiates, including
      their isomers, esters, ethers, salts, and salts of isomers,
      esters, and ethers, whenever the existence of such isomers,
      esters, ethers, and salts is possible within the specific
      chemical designation.  Such term does not include the
      isoquinoline alkaloids of opium.
        (B) Poppy straw and concentrate of poppy straw.
        (C) Coca leaves, except coca leaves and extracts of coca leaves
      from which cocaine, ecgonine, and derivatives of ecgonine or
      their salts have been removed.
        (D) Cocaine, its salts, optical and geometric isomers, and
      salts of isomers.
        (E) Ecgonine, its derivatives, their salts, isomers, and salts
      of isomers.
        (F) Any compound, mixture, or preparation which contains any
      quantity of any of the substances referred to in subparagraphs
      (A) through (E).
      (18) The term "opiate" means any drug or other substance having
    an addiction-forming or addiction-sustaining liability similar to
    morphine or being capable of conversion into a drug having such
    addiction-forming or addiction-sustaining liability.
      (19) The term "opium poppy" means the plant of the species
    Papaver somniferum L., except the seed thereof.
      (20) The term "poppy straw" means all parts, except the seeds,
    of the opium poppy, after mowing.
      (21) The term "practitioner" means a physician, dentist,
    veterinarian, scientific investigator, pharmacy, hospital, or other
    person licensed, registered, or otherwise permitted, by the United
    States or the jurisdiction in which he practices or does research,
    to distribute, dispense, conduct research with respect to,
    administer, or use in teaching or chemical analysis, a controlled
    substance in the course of professional practice or research.
      (22) The term "production" includes the manufacture, planting,
    cultivation, growing, or harvesting of a controlled substance.
      (23) The term "immediate precursor" means a substance -
        (A) which the Attorney General has found to be and by
      regulation designated as being the principal compound used, or
      produced primarily for use, in the manufacture of a controlled
      substance;
        (B) which is an immediate chemical intermediary used or likely
      to be used in the manufacture of such controlled substance; and
        (C) the control of which is necessary to prevent, curtail, or
      limit the manufacture of such controlled substance.
      (24) The term "Secretary", unless the context otherwise
    indicates, means the Secretary of Health and Human Services.
      (25) The term "serious bodily injury" means bodily injury which
    involves -
        (A) a substantial risk of death;
        (B) protracted and obvious disfigurement; or
        (C) protracted loss or impairment of the function of a bodily
      member, organ, or mental faculty.
      (26) The term "State" means a State of the United States, the
    District of Columbia, and any commonwealth, territory, or
    possession of the United States.
      (27) The term "ultimate user" means a person who has lawfully
    obtained, and who possesses, a controlled substance for his own use
    or for the use of a member of his household or for an animal owned
    by him or by a member of his household.
      (28) The term "United States", when used in a geographic sense,
    means all places and waters, continental or insular, subject to the
    jurisdiction of the United States.
      (29) The term "maintenance treatment" means the dispensing, for
    a period in excess of twenty-one days, of a narcotic drug in the
    treatment of an individual for dependence upon heroin or other
    morphine-like drugs.
      (30) The term "detoxification treatment" means the dispensing,
    for a period not in excess of one hundred and eighty days, of a
    narcotic drug in decreasing doses to an individual in order to
    alleviate adverse physiological or psychological effects incident
    to withdrawal from the continuous or sustained use of a narcotic
    drug and as a method of bringing the individual to a narcotic
    drug-free state within such period.
      (31) The term "Convention on Psychotropic Substances" means the
    Convention on Psychotropic Substances signed at Vienna, Austria, on
    February 21, 1971; and the term "Single Convention on Narcotic
    Drugs" means the Single Convention on Narcotic Drugs signed at New
    York, New York, on March 30, 1961.
      (32)(A) Except as provided in subparagraph (C), the term
    "controlled substance analogue" means a substance -
        (i) the chemical structure of which is substantially similar to
      the chemical structure of a controlled substance in schedule I or
      II;
        (ii) which has a stimulant, depressant, or hallucinogenic
      effect on the central nervous system that is substantially
      similar to or greater than the stimulant, depressant, or
      hallucinogenic effect on the central nervous system of a
      controlled substance in schedule I or II; or
        (iii) with respect to a particular person, which such person
      represents or intends to have a stimulant, depressant, or
      hallucinogenic effect on the central nervous system that is
      substantially similar to or greater than the stimulant,
      depressant, or hallucinogenic effect on the central nervous
      system of a controlled substance in schedule I or II.
      (B) The designation of gamma butyrolactone or any other chemical
    as a listed chemical pursuant to paragraph (34) or (35) does not
    preclude a finding pursuant to subparagraph (A) of this paragraph
    that the chemical is a controlled substance analogue.
      (C) Such term does not include -
        (i) a controlled substance;
        (ii) any substance for which there is an approved new drug
      application;
        (iii) with respect to a particular person any substance, if an
      exemption is in effect for investigational use, for that person,
      under section 355 of this title to the extent conduct with
      respect to such substance is pursuant to such exemption; or
        (iv) any substance to the extent not intended for human
      consumption before such an exemption takes effect with respect to
      that substance.
      (33) The term "listed chemical" means any list I chemical or
    any list II chemical.
      (34) The term "list I chemical" means a chemical specified by
    regulation of the Attorney General as a chemical that is used in
    manufacturing a controlled substance in violation of this
    subchapter and is important to the manufacture of the controlled
    substances, and such term includes (until otherwise specified by
    regulation of the Attorney General, as considered appropriate by
    the Attorney General or upon petition to the Attorney General by
    any person) the following:
        (A) Anthranilic acid, its esters, and its salts.
        (B) Benzyl cyanide.
        (C) Ephedrine, its salts, optical isomers, and salts of optical
      isomers.
        (D) Ergonovine and its salts.
        (E) Ergotamine and its salts.
        (F) N-Acetylanthranilic acid, its esters, and its salts.
        (G) Norpseudoephedrine, its salts, optical isomers, and salts
      of optical isomers.
        (H) Phenylacetic acid, its esters, and its salts.
        (I) Phenylpropanolamine, its salts, optical isomers, and salts
      of optical isomers.
        (J) Piperidine and its salts.
        (K) Pseudoephedrine, its salts, optical isomers, and salts of
      optical isomers.
        (L) 3,4-Methylenedioxyphenyl-2-propanone.
        (M) Methylamine.
        (N) Ethylamine.
        (O) Propionic anhydride.
        (P) Isosafrole.
        (Q) Safrole.
        (R) Piperonal.
        (S) N-Methylephedrine.
        (T) N-methylpseudoephedrine.
        (U) Hydriodic acid.
        (V) Benzaldehyde.
        (W) Nitroethane.
        (X) Gamma butyrolactone.
        (Y) Any salt, optical isomer, or salt of an optical isomer of
      the chemicals listed in subparagraphs (M) through (U) of this
      paragraph.
      (35) The term "list II chemical" means a chemical (other than a
    list I chemical) specified by regulation of the Attorney General as
    a chemical that is used in manufacturing a controlled substance in
    violation of this subchapter, and such term includes (until
    otherwise specified by regulation of the Attorney General, as
    considered appropriate by the Attorney General or upon petition to
    the Attorney General by any person) the following chemicals:
        (A) Acetic anhydride.
        (B) Acetone.
        (C) Benzyl chloride.
        (D) Ethyl ether.
        (E) Repealed. Pub. L. 101-647, title XXIII, Sec. 2301(b), Nov.
      29, 1990, 104 Stat. 4858.
        (F) Potassium permanganate.
        (G) 2-Butanone (or Methyl Ethyl Ketone).
        (H) Toluene.
        (I) Iodine.
        (J) Hydrochloric gas.
      (36) The term "regular customer" means, with respect to a
    regulated person, a customer with whom the regulated person has an
    established business relationship that is reported to the Attorney
    General.
      (37) The term "regular importer" means, with respect to a
    listed chemical, a person that has an established record as an
    importer of that listed chemical that is reported to the Attorney
    General.
      (38) The term "regulated person" means a person who
    manufactures, distributes, imports, or exports a listed chemical, a
    tableting machine, or an encapsulating machine or who acts as a
    broker or trader for an international transaction involving a
    listed chemical, a tableting machine, or an encapsulating machine.
      (39) The term "regulated transaction" means -
        (A) a distribution, receipt, sale, importation, or exportation
      of, or an international transaction involving shipment of, a
      listed chemical, or if the Attorney General establishes a
      threshold amount for a specific listed chemical, a threshold
      amount, including a cumulative threshold amount for multiple
      transactions (as determined by the Attorney General, in
      consultation with the chemical industry and taking into
      consideration the quantities normally used for lawful purposes),
      of a listed chemical, except that such term does not include -
          (i) a domestic lawful distribution in the usual course of
        business between agents or employees of a single regulated
        person;
          (ii) a delivery of a listed chemical to or by a common or
        contract carrier for carriage in the lawful and usual course of
        the business of the common or contract carrier, or to or by a
        warehouseman for storage in the lawful and usual course of the
        business of the warehouseman, except that if the carriage or
        storage is in connection with the distribution, importation, or
        exportation of a listed chemical to a third person, this clause
        does not relieve a distributor, importer, or exporter from
        compliance with section 830 of this title;
          (iii) any category of transaction or any category of
        transaction for a specific listed chemical or chemicals
        specified by regulation of the Attorney General as excluded
        from this definition as unnecessary for enforcement of this
        subchapter or subchapter II of this chapter;
          (iv) any transaction in a listed chemical that is contained
        in a drug that may be marketed or distributed lawfully in the
        United States under the Federal Food, Drug, and Cosmetic Act
        (21 U.S.C. 301 et seq.) unless -
            (I)(aa) the drug contains ephedrine or its salts, optical
          isomers, or salts of optical isomers, pseudoephedrine or its
          salts, optical isomers, or salts of optical isomers, or
          phenylpropanolamine or its salts, optical isomers, or salts
          of optical isomers unless otherwise provided by regulation of
          the Attorney General issued pursuant to section 814(e) of
          this title, except that any sale of ordinary over-the-counter
          pseudoephedrine or phenylpropanolamine products by retail
          distributors shall not be a regulated transaction (except as
          provided in section 401(d) of the Comprehensive
          Methamphetamine Control Act of 1996); or
            (bb) the Attorney General has determined under section 814
          of this title that the drug or group of drugs is being
          diverted to obtain the listed chemical for use in the illicit
          production of a controlled substance; and
            (II) the quantity of ephedrine, pseudoephedrine,
          phenylpropanolamine, or other listed chemical contained in
          the drug included in the transaction or multiple transactions
          equals or exceeds the threshold established for that chemical
          by the Attorney General, except that the threshold for any
          sale of products containing pseudoephedrine or
          phenylpropanolamine products by retail distributors or by
          distributors required to submit reports by section 830(b)(3)
          of this title shall be 9 grams of pseudoephedrine or 9 grams
          of phenylpropanolamine in a single transaction and sold in
          package sizes of not more than 3 grams of pseudoephedrine
          base or 3 grams of phenylpropanolamine base; or
          (v) any transaction in a chemical mixture which the Attorney
        General has by regulation designated as exempt from the
        application of this subchapter and subchapter II of this
        chapter based on a finding that the mixture is formulated in
        such a way that it cannot be easily used in the illicit
        production of a controlled substance and that the listed
        chemical or chemicals contained in the mixture cannot be
        readily recovered; and
        (B) a distribution, importation, or exportation of a tableting
      machine or encapsulating machine.
      (40) The term "chemical mixture" means a combination of two or
    more chemical substances, at least one of which is not a list I
    chemical or a list II chemical, except that such term does not
    include any combination of a list I chemical or a list II chemical
    with another chemical that is present solely as an impurity.
      (41)(A) The term "anabolic steroid" means any drug or hormonal
    substance, chemically and pharmacologically related to testosterone
    (other than estrogens, progestins, and corticosteroids) that
    promotes muscle growth, and includes -
        (i) boldenone,
        (ii) chlorotestosterone,
        (iii) clostebol,
        (iv) dehydrochlormethyltestosterone,
        (v) dihydrotestosterone,
        (vi) drostanolone,
        (vii) ethylestrenol,
        (viii) fluoxymesterone,
        (ix) formebulone,
        (x) mesterolone,
        (xi) methandienone,
        (xii) methandranone,
        (xiii) methandriol,
        (xiv) methandrostenolone,
        (xv) methenolone,
        (xvi) methyltestosterone,
        (xvii) mibolerone,
        (xviii) nandrolone,
        (xix) norethandrolone,
        (xx) oxandrolone,
        (xxi) oxymesterone,
        (xxii) oxymetholone,
        (xxiii) stanolone,
        (xxiv) stanozolol,
        (xxv) testolactone,
        (xxvi) testosterone,
        (xxvii) trenbolone, and
        (xxviii) any salt, ester, or isomer of a drug or substance
      described or listed in this paragraph, if that salt, ester, or
      isomer promotes muscle growth.
      (B)(i) Except as provided in clause (ii), such term does not
    include an anabolic steroid which is expressly intended for
    administration through implants to cattle or other nonhuman species
    and which has been approved by the Secretary of Health and Human
    Services for such administration.
      (ii) If any person prescribes, dispenses, or distributes such
    steroid for human use, such person shall be considered to have
    prescribed, dispensed, or distributed an anabolic steroid within
    the meaning of subparagraph (A).
      (42) The term "international transaction" means a transaction
    involving the shipment of a listed chemical across an international
    border (other than a United States border) in which a broker or
    trader located in the United States participates.
      (43) The terms "broker" and "trader" mean a person that
    assists in arranging an international transaction in a listed
    chemical by -
        (A) negotiating contracts;
        (B) serving as an agent or intermediary; or
        (C) bringing together a buyer and seller, a buyer and
      transporter, or a seller and transporter.
      (44) The term "felony drug offense" means an offense that is
    punishable by imprisonment for more than one year under any law of
    the United States or of a State or foreign country that prohibits
    or restricts conduct relating to narcotic drugs, marihuana, or
    depressant or stimulant substances.
      (45) The term "ordinary over-the-counter pseudoephedrine or
    phenylpropanolamine product" means any product containing
    pseudoephedrine or phenylpropanolamine that is -
        (A) regulated pursuant to this subchapter; and
        (B)(i) except for liquids, sold in package sizes of not more
      than 3.0 grams of pseudoephedrine base or 3.0 grams of
      phenylpropanolamine base, and that is packaged in blister packs,
      each blister containing not more than two dosage units, or where
      the use of blister packs is technically infeasible, that is
      packaged in unit dose packets or pouches; and
        (ii) for liquids, sold in package sizes of not more than 3.0
      grams of pseudoephedrine base or 3.0 grams of phenylpropanolamine
      base.
      (46)(A) The term "retail distributor" means a grocery store,
    general merchandise store, drug store, or other entity or person
    whose activities as a distributor relating to pseudoephedrine or
    phenylpropanolamine products are limited almost exclusively to
    sales for personal use, both in number of sales and volume of
    sales, either directly to walk-in customers or in face-to-face
    transactions by direct sales.
      (B) For purposes of this paragraph, sale for personal use means
    the sale of below-threshold quantities in a single transaction to
    an individual for legitimate medical use.
      (C) For purposes of this paragraph, entities are defined by
    reference to the Standard Industrial Classification (SIC) code, as
    follows:
        (i) A grocery store is an entity within SIC code 5411.
        (ii) A general merchandise store is an entity within SIC codes
      5300 through 5399 and 5499.
        (iii) A drug store is an entity within SIC code 5912.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 102, Oct. 27, 1970, 84 Stat. 1242;
    Pub. L. 93-281, Sec. 2, May 14, 1974, 88 Stat. 124; Pub. L. 95-633,
    title I, Sec. 102(b), Nov. 10, 1978, 92 Stat. 3772; Pub. L. 96-88,
    title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 96-132,
    Sec. 16(a), Nov. 30, 1979, 93 Stat. 1049; Pub. L. 98-473, title II,
    Sec. 507(a), (b), Oct. 12, 1984, 98 Stat. 2071; Pub. L. 98-509,
    title III, Sec. 301(a), Oct. 19, 1984, 98 Stat. 2364; Pub. L.
    99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-570,
    title I, Sec. 1003(b), 1203, 1870, Oct. 27, 1986, 100 Stat. 3207-6,
    3207-13, 3207-56; Pub. L. 99-646, Sec. 83, Nov. 10, 1986, 100 Stat.
    3619; Pub. L. 100-690, title VI, Sec. 6054, Nov. 18, 1988, 102
    Stat. 4316; Pub. L. 101-647, title XIX, Sec. 1902(b), title XXIII,
    Sec. 2301, title XXXV, Sec. 3599I, Nov. 29, 1990, 104 Stat. 4852,
    4858, 4932; Pub. L. 103-200, Sec. 2(a), 7-9(a), Dec. 17, 1993, 107
    Stat. 2333, 2340; Pub. L. 103-322, title IX, Sec. 90105(d), title
    XXXIII, Sec. 330024(a), (b), (d)(1), Sept. 13, 1994, 108 Stat.
    1988, 2150; Pub. L. 104-237, title II, Sec. 204(a), 209, title IV,
    Sec. 401(a), (b), Oct. 3, 1996, 110 Stat. 3102, 3104, 3106, 3107;
    Pub. L. 104-294, title VI, Sec. 604(b)(4), 607(j), Oct. 11, 1996,
    110 Stat. 3506, 3512; Pub. L. 105-115, title I, Sec. 126(c)(3),
    Nov. 21, 1997, 111 Stat. 2328; Pub. L. 106-172, Sec. 3(c), 5(a),
    Feb. 18, 2000, 114 Stat. 9, 10; Pub. L. 106-310, div.  B, title
    XXXVI, Sec. 3622(a), Oct. 17, 2000, 114 Stat. 1231.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This subchapter, referred to in introductory provisions and in
    par. (39)(A)(iii), (v), was in the original "this title", meaning
    title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as
    amended, and is popularly known as the "Controlled Substances
    Act". For complete classification of title II to the Code, see
    second paragraph of Short Title note set out under section 801 of
    this title and Tables.
      Schedules I, II, III, IV, and V, referred to in pars. (6), (14),
    and (32)(A), are set out in section 812(c) of this title.
      Subchapter II of this chapter, referred to in par. (39)(A)(iii),
    (v), was in the original "title III", meaning title III of Pub.
    L. 91-513, Oct. 27, 1970, 84 Stat. 1285. Part A of title III
    comprises subchapter II of this chapter.  For classification of
    Part B, consisting of sections 1101 to 1105 of title III, see
    Tables.
      The Federal Food, Drug, and Cosmetic Act, referred to in par.
    (39)(A)(iv), is act June 25, 1938, ch. 675, 52 Stat. 1040, as
    amended, which is classified generally to chapter 9 (Sec. 301 et
    seq.) of this title.  For complete classification of this Act to
    the Code, see section 301 of this title and Tables.
      Section 401(d) of the Comprehensive Methamphetamine Control Act
    of 1996, referred to in par. (39)(A)(iv)(I)(aa), is section 401(d)
    of Pub. L. 104-237, which is set out below.
 
-MISC2-
                                 AMENDMENTS
      2000 - Par. (32)(A). Pub. L. 106-172, Sec. 5(a)(1), substituted
    "subparagraph (C)" for "subparagraph (B)" in introductory
    provisions.
      Par. (32)(B), (C). Pub. L. 106-172, Sec. 5(a)(2), (3), added
    subpar. (B) and redesignated former subpar. (B) as (C).
      Par. (34)(X), (Y). Pub. L. 106-172, Sec. 3(c), added subpar. (X)
    and redesignated former subpar. (X) as (Y).
      Par. (39)(A)(iv)(II). Pub. L. 106-310 substituted "9 grams" for
    "24 grams" in two places and inserted before semicolon at end
    "and sold in package sizes of not more than 3 grams of
    pseudoephedrine base or 3 grams of phenylpropanolamine base".
      1997 - Par. (9)(A). Pub. L. 105-115 redesignated cl. (i) as
    subpar. (A) and struck out cl. (ii) which read as follows: "any
    derivative of barbituric acid which has been designated by the
    Secretary as habit forming under section 352(d) of this title;
    or".
      1996 - Par. (26). Pub. L. 104-294, Sec. 607(j)(1), amended par.
    (26) generally.  Prior to amendment, par. (26) read as follows:
    "The term 'State' means any State, territory, or possession of the
    United States, the District of Columbia, the Commonwealth of Puerto
    Rico, the Trust Territory of the Pacific Islands, and the Canal
    Zone."
      Par. (34)(P), (S), (U). Pub. L. 104-237, Sec. 209(1), substituted
    "Isosafrole" for "Insosafrole" in subpar. (P),
    "N-Methylephedrine" for "N-Methylepherdrine" in subpar. (S),
    and "Hydriodic acid" for "Hydriotic acid" in subpar. (U).
      Par. (35)(G). Pub. L. 104-237, Sec. 209(2), amended subpar. (G)
    generally, inserting "(or Methyl Ethyl Ketone)" before period at
    end.
      Par. (35)(I), (J). Pub. L. 104-237, Sec. 204(a), added subpars.
    (I) and (J).
      Par. (39)(A)(iv)(I)(aa). Pub. L. 104-237, Sec. 401(a)(1), (b)(1),
    substituted ", pseudoephedrine or its salts, optical isomers, or
    salts of optical isomers, or phenylpropanolamine or its salts,
    optical isomers, or salts of optical isomers unless otherwise
    provided by regulation of the Attorney General issued pursuant to
    section 814(e) of this title, except that any sale of ordinary
    over-the-counter pseudoephedrine or phenylpropanolamine products by
    retail distributors shall not be a regulated transaction (except as
    provided in section 401(d) of the Comprehensive Methamphetamine
    Control Act of 1996);" for "as the only active medicinal
    ingredient or contains ephedrine or its salts, optical isomers, or
    salts of optical isomers and therapeutically insignificant
    quantities of another active medicinal ingredient;".
      Par. (39)(A)(iv)(II). Pub. L. 104-237, Sec. 401(a)(2), (b)(2),
    inserted ", pseudoephedrine, phenylpropanolamine," after
    "ephedrine" and inserted before semicolon ", except that the
    threshold for any sale of products containing pseudoephedrine or
    phenylpropanolamine products by retail distributors or by
    distributors required to submit reports by section 830(b)(3) of
    this title shall be 24 grams of pseudoephedrine or 24 grams of
    phenylpropanolamine in a single transaction".
      Pars. (43), (44). Pub. L. 104-237, Sec. 401(b)(3), and Pub. L.
    104-294, Sec. 604(b)(4), 607(j)(2), amended section identically,
    redesignating par. (43), relating to felony drug offense, as (44).
      Pars. (45), (46). Pub. L. 104-237, Sec. 401(b)(4), added pars.
    (45) and (46).
      1994 - Par. (34)(V), (W). Pub. L. 103-322, Sec. 330024(b),
    realigned margins and capitalized first letter.
      Par. (35). Pub. L. 103-322, Sec. 330024(d)(1), made technical
    correction to directory language of Pub. L. 103-200, Sec.
    2(a)(4)(B). See 1993 Amendment note below.
      Par. (39)(A)(iv)(II). Pub. L. 103-322, Sec. 330024(a),
    substituted "; or" for period at end.
      Par. (43). Pub. L. 103-322, Sec. 90105(d), added par. (43)
    defining "felony drug offense".
      1993 - Par. (33). Pub. L. 103-200, Sec. 2(a)(1), substituted
    "any list I chemical or any list II chemical" for "any listed
    precursor chemical or listed essential chemical".
      Par. (34). Pub. L. 103-200, Sec. 2(a)(2), substituted "list I
    chemical" for "listed precursor chemical" and "important to the
    manufacture" for "critical to the creation" in introductory
    provisions.
      Par. (34)(A), (F), (H). Pub. L. 103-200, Sec. 2(a)(3), inserted
    ", its esters," before "and".
      Par. (34)(O). Pub. L. 103-200, Sec. 8(1), (2), redesignated
    subpar. (P) as (O) and struck out former subpar. (O) which read as
    follows: "D-lysergic acid."
      Par. (34)(P) to (S). Pub. L. 103-200, Sec. 8(2), redesignated
    subpars. (Q) to (T) as (P) to (S), respectively.  Former subpar.
    (P) redesignated (O).
      Par. (34)(T). Pub. L. 103-200, Sec. 8(2), redesignated subpar.
    (V) as (T). Former subpar. (T) redesignated (S).
      Par. (34)(U). Pub. L. 103-200, Sec. 8(1), (2), redesignated
    subpar. (X) as (U) and struck out former subpar. (U) which read as
    follows: "N-ethylephedrine."
      Par. (34)(V). Pub. L. 103-200, Sec. 8(2), (4), added subpar. (V)
    and redesignated former subpar. (V) as (T).
      Par. (34)(W). Pub. L. 103-200, Sec. 8(1), (4), added subpar. (W)
    and struck out former subpar. (W) which read as follows:
    "N-ethylpseudoephedrine."
      Par. (34)(X). Pub. L. 103-200, Sec. 8(2), (3), redesignated
    subpar. (Y) as (X) and substituted "through (U)" for "through
    (X)".
      Par. (34)(Y). Pub. L. 103-200, Sec. 8(2), redesignated subpar.
    (Y) as (X).
      Par. (35). Pub. L. 103-200, Sec. 2(a)(4)(A), (C), substituted
    "list II chemical" for "listed essential chemical" and struck
    out "as a solvent, reagent, or catalyst" before "in
    manufacturing".
      Pub. L. 103-200, Sec. 2(a)(4)(B), as amended by Pub. L. 103-322,
    Sec. 330024(d)(1), inserted "(other than a list I chemical)"
    before "specified" the first time appearing.
      Par. (37). Pub. L. 103-200, Sec. 9(a), amended par. (37)
    generally.  Prior to amendment, par. (37) read as follows: "The
    term 'regular supplier' means, with respect to a regulated person,
    a supplier with whom the regulated person has an established
    business relationship that is reported to the Attorney General."
      Par. (38). Pub. L. 103-200, Sec. 2(a)(5), inserted before period
    at end "or who acts as a broker or trader for an international
    transaction involving a listed chemical, a tableting machine, or an
    encapsulating machine".
      Par. (39)(A). Pub. L. 103-200, Sec. 2(a)(6)(A), 7, in
    introductory provisions, substituted "importation, or exportation
    of, or an international transaction involving shipment of," for
    "importation or exportation of" and inserted "a listed chemical,
    or if the Attorney General establishes a threshold amount for a
    specific listed chemical," before "a threshold amount,".
      Par. (39)(A)(iii). Pub. L. 103-200, Sec. 2(a)(6)(B), inserted
    "or any category of transaction for a specific listed chemical or
    chemicals" after "transaction".
      Par. (39)(A)(iv). Pub. L. 103-200, Sec. 2(a)(6)(C), amended cl.
    (iv) generally.  Prior to amendment, cl. (iv) read as follows:
    "any transaction in a listed chemical that is contained in a drug
    that may be marketed or distributed lawfully in the United States
    under the Federal Food, Drug, and Cosmetic Act; or".
      Par. (39)(A)(v). Pub. L. 103-200, Sec. 2(a)(6)(D), inserted
    before semicolon at end "which the Attorney General has by
    regulation designated as exempt from the application of this
    subchapter and subchapter II of this chapter based on a finding
    that the mixture is formulated in such a way that it cannot be
    easily used in the illicit production of a controlled substance and
    that the listed chemical or chemicals contained in the mixture
    cannot be readily recovered".
      Par. (40). Pub. L. 103-200, Sec. 2(a)(7), substituted "list I
    chemical or a list II chemical" for "listed precursor chemical or
    a listed essential chemical" in two places.
      Pars. (42), (43). Pub. L. 103-200, Sec. 2(a)(8), added pars. (42)
    and (43).
      1990 - Par. (32)(A). Pub. L. 101-647, Sec. 3599I, substituted
    "the stimulant" for "the stimulent" in cl. (ii) and "a
    stimulant" for "a stimulent" in cl. (iii).
      Par. (34)(M) to (Y). Pub. L. 101-647, Sec. 2301(a), added
    subpars. (M) to (Y).
      Par. (35)(E). Pub. L. 101-647, Sec. 2301(b), struck out subpar.
    (E) "Hydriodic acid."
      Par. (41). Pub. L. 101-647, Sec. 1902(b), added par. (41).
      1988 - Par. (8). Pub. L. 100-690, Sec. 6054(1), inserted "or a
    listed chemical" after "a controlled substance".
      Par. (11). Pub. L. 100-690, Sec. 6054(2), inserted "or a listed
    chemical" after "a controlled substance" in two places.
      Pars. (33) to (40). Pub. L. 100-690, Sec. 6054(3), added pars.
    (33) to (40).
      1986 - Par. (6). Pub. L. 99-514 substituted "Internal Revenue
    Code of 1986" for "Internal Revenue Code of 1954".
      Par. (14). Pub. L. 99-570, Sec. 1870, and Pub. L. 99-646 amended
    par. (14) identically, substituting "any optical" for "the
    optical" in second and third sentences.
      Par. (25). Pub. L. 99-570, Sec. 1003(b)(1), added par. (25).
    Former par. (25) redesignated (26).
      Pars. (26) to (31). Pub. L. 99-570, Sec. 1003(b)(2), redesignated
    pars. (25) to (30) as (26) to (31), respectively.
      Par. (32). Pub. L. 99-570, Sec. 1203, added par. (32).
      1984 - Pars. (14) to (16). Pub. L. 98-473, Sec. 507(a), added
    par. (14) and redesignated former pars. (14) to (16) as (15) to
    (17), respectively.
      Par. (17). Pub. L. 98-473, Sec. 507, redesignated former par.
    (16) as (17), and expanded and revised definition of "narcotic
    drug", including within term poppy straw, cocaine, and ecgonine.
    Former par. (17) redesignated (18).
      Pars. (18) to (28). Pub. L. 98-473, Sec. 507(a), redesignated
    former pars. (17) to (27) as (18) to (28), respectively.
      Par. (29). Pub. L. 98-509 which directed the substitution of
    "one hundred and eighty" for "twenty-one" in par. (28), was
    executed to par. (29) in view of the redesignation of par. (28) as
    par. (29) by Pub. L. 98-473.
      Pub. L. 98-473, Sec. 507(a), redesignated former par. (28) as
    (29). Former par. (29) redesignated (30).
      Par. (30). Pub. L. 98-473, Sec. 507(a), redesignated former par.
    (29) as (30).
      1979 - Par. (4). Pub. L. 96-132 substituted provisions defining
    "Drug Enforcement Administration" for provisions defining
    "Bureau of Narcotics and Dangerous Drugs".
      1978 - Par. (29). Pub. L. 95-633 added par. (29).
      1974 - Pars. (27), (28). Pub. L. 93-281 added pars. (27) and
    (28).
 
-CHANGE-
                               CHANGE OF NAME
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in par. (24)
    pursuant to section 509(b) of Pub. L. 96-88, which is classified to
    section 3508(b) of Title 20, Education.
 
-MISC4-
                      EFFECTIVE DATE OF 2000 AMENDMENT
      Pub. L. 106-310, div.  B, title XXXVI, Sec. 3622(b), Oct. 17,
    2000, 114 Stat. 1231, provided that: "The amendments made by
    subsection (a) (amending this section) shall take effect 1 year
    after the date of the enactment of this Act (Oct. 17, 2000)."
                      EFFECTIVE DATE OF 1997 AMENDMENT
      Amendment by Pub. L. 105-115 effective 90 days after Nov. 21,
    1997, except as otherwise provided, see section 501 of Pub. L.
    105-115, set out as a note under section 321 of this title.
                     EFFECTIVE DATE OF 1996 AMENDMENTS
      Amendment by section 604(b)(4) of Pub. L. 104-294 effective Sept.
    13, 1994, see section 604(d) of Pub. L. 104-294, set out as a note
    under section 13 of Title 18, Crimes and Criminal Procedure.
      Section 401(g) of Pub. L. 104-237 provided that:
    "Notwithstanding any other provision of this Act (see section 1(a)
    of Pub. L. 104-237, set out as a Short Title of 1996 Amendments
    note under section 801 of this title), this section (amending this
    section and section 814 of this title and enacting provisions set
    out as a note below) shall not apply to the sale of any
    pseudoephedrine or phenylpropanolamine product prior to 12 months
    after the date of enactment of this Act (Oct. 3, 1996), except
    that, on application of a manufacturer of a particular
    pseudoephedrine or phenylpropanolamine drug product, the Attorney
    General may, in her sole discretion, extend such effective date up
    to an additional six months.  Notwithstanding any other provision
    of law, the decision of the Attorney General on such an application
    shall not be subject to judicial review."
                      EFFECTIVE DATE OF 1994 AMENDMENT
      Section 330024(f) of Pub. L. 103-322 provided that: "The
    amendments made by this section (amending this section and sections
    824, 960, and 971 of this title) shall take effect as of the date
    that is 120 days after the date of enactment of the Domestic
    Chemical Diversion Control Act of 1993 (Dec. 17, 1993)."
                      EFFECTIVE DATE OF 1993 AMENDMENT
      Section 11 of Pub. L. 103-200 provided that: "This Act (enacting
    section 814 of this title, amending this section and sections 821
    to 824, 830, 843, 880, 957, 958, 960, and 971 of this title, and
    enacting provisions set out as a note under section 801 of this
    title) and the amendments made by this Act shall take effect on the
    date that is 120 days after the date of enactment of this Act (Dec.
    17, 1993)."
                      EFFECTIVE DATE OF 1990 AMENDMENT
      Section 1902(d) of Pub. L. 101-647 provided that: "This section
    (amending this section and section 812 of this title and enacting
    provisions set out as a note under section 829 of this title) and
    the amendment made by this section shall take effect 90 days after
    the date of enactment of this Act (Nov. 29, 1990)."
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Section 6061 of title VI of Pub. L. 100-690 provided that:
    "Except as otherwise provided in this subtitle, this subtitle
    (subtitle A (Sec. 6051-6061) of title VI of Pub. L. 100-690,
    enacting section 971 of this title, amending this section and
    sections 830, 841 to 843, 872, 876, 881, 960, and 961 of this
    title, and enacting provisions set out as notes under this section
    and section 971 of this title) shall take effect 120 days after the
    enactment of this Act (Nov. 18, 1988)."
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-633 effective on date the Convention on
    Psychotropic Substances enters into force in the United States
    (July 15, 1980), see section 112 of Pub. L. 95-633, set out as an
    Effective Date note under section 801a of this title.
                                REGULATIONS
      Section 301(b) of Pub. L. 98-509 provided that: "The Secretary
    of Health and Human Services shall, within ninety days of the date
    of the enactment of this Act (Oct. 19, 1984), promulgate
    regulations for the administration of section 102(28) of the
    Controlled Substances Act (21 U.S.C. 802(29)) as amended by
    subsection (a) and shall include in the first report submitted
    under section 505(b) (now 503(b)) of the Public Health Service Act
    (42 U.S.C. 290aa-2(b)) after the expiration of such ninety days the
    findings of the Secretary with respect to the effect of the
    amendment made by subsection (a)."
     REPORT ON DIVERSION OF ORDINARY, OVER-THE-COUNTER PSEUDOEPHEDRINE
                      AND PHENYLPROPANOLAMINE PRODUCTS
      Pub. L. 106-310, div.  B, title XXXVI, Sec. 3642, Oct. 17, 2000,
    114 Stat. 1237, provided that:
      "(a) Study. - The Attorney General shall conduct a study of the
    use of ordinary, over-the-counter pseudoephedrine and
    phenylpropanolamine products in the clandestine production of
    illicit drugs.  Sources of data for the study shall include the
    following:
        "(1) Information from Federal, State, and local clandestine
      laboratory seizures and related investigations identifying the
      source, type, or brand of drug products being utilized and how
      they were obtained for the illicit production of methamphetamine
      and amphetamine.
        "(2) Information submitted voluntarily from the pharmaceutical
      and retail industries involved in the manufacture, distribution,
      and sale of drug products containing ephedrine, pseudoephedrine,
      and phenylpropanolamine, including information on changes in the
      pattern, volume, or both, of sales of ordinary, over-the-counter
      pseudoephedrine and phenylpropanolamine products.
      "(b) Report. -
        "(1) Requirement. - Not later than 1 year after the date of
      the enactment of this Act (Oct. 17, 2000), the Attorney General
      shall submit to Congress a report on the study conducted under
      subsection (a).
        "(2) Elements. - The report shall include -
          "(A) the findings of the Attorney General as a result of the
        study; and
          "(B) such recommendations on the need to establish
        additional measures to prevent diversion of ordinary,
        over-the-counter pseudoephedrine and phenylpropanolamine (such
        as a threshold on ordinary, over-the-counter pseudoephedrine
        and phenylpropanolamine products) as the Attorney General
        considers appropriate.
        "(3) Matters considered. - In preparing the report, the
      Attorney General shall consider the comments and recommendations
      including the comments on the Attorney General's proposed
      findings and recommendations, of State and local law enforcement
      and regulatory officials and of representatives of the industry
      described in subsection (a)(2).
      "(c) Regulation of Retail Sales. -
        "(1) In general. - Notwithstanding section 401(d) of the
      Comprehensive Methamphetamine Control Act of 1996 (Pub. L.
      104-237) (21 U.S.C. 802 note) and subject to paragraph (2), the
      Attorney General shall establish by regulation a
      single-transaction limit of not less than 24 grams of ordinary,
      over-the-counter pseudoephedrine or phenylpropanolamine (as the
      case may be) for retail distributors, if the Attorney General
      finds, in the report under subsection (b), that -
          "(A) there is a significant number of instances (as set
        forth in paragraph (3)(A) of such section 401(d) for purposes
        of such section) where ordinary, over-the-counter
        pseudoephedrine products, phenylpropanolamine products, or both
        such products that were purchased from retail distributors were
        widely used in the clandestine production of illicit drugs; and
          "(B) the best practical method of preventing such use is the
        establishment of single-transaction limits for retail
        distributors of either or both of such products.
        "(2) Due process. - The Attorney General shall establish the
      single-transaction limit under paragraph (1) only after notice,
      comment, and an informal hearing."
     REGULATION OF RETAIL SALES OF CERTAIN PRECURSOR CHEMICALS; EFFECT
               ON THRESHOLDS; COMBINATION EPHEDRINE PRODUCTS
      Section 401(d)-(f) of Pub. L. 104-237 provided that:
      "(d) Regulation of Retail Sales. -
        "(1) Pseudoephedrine. -
          "(A) Limit. -
            "(i) In general. - Not sooner than the effective date of
          this section (see Effective Date of 1996 Amendments note
          above) and subject to the requirements of clause (ii), the
          Attorney General may establish by regulation a
          single-transaction limit of 24 grams of pseudoephedrine base
          for retail distributors.  Notwithstanding any other provision
          of law, the single-transaction threshold quantity for
          pseudoephedrine-containing compounds may not be lowered
          beyond that established in this paragraph.
            "(ii) Conditions. - In order to establish a
          single-transaction limit of 24 grams of pseudoephedrine base,
          the Attorney General shall establish, following notice,
          comment, and an informal hearing that since the date of
          enactment of this Act (Oct. 3, 1996) there are a significant
          number of instances where ordinary over-the-counter
          pseudoephedrine products as established in paragraph (45) of
          section 102 of the Controlled Substances Act (21 U.S.C.
          802(45)), as added by this Act, sold by retail distributors
          as established in paragraph (46) in section 102 of the
          Controlled Substances Act (21 U.S.C. 802(46)), are being
          widely used as a significant source of precursor chemicals
          for illegal manufacture of a controlled substance for
          distribution or sale.
          "(B) Violation. - Any individual or business that violates
        the thresholds established in this paragraph shall, with
        respect to the first such violation, receive a warning letter
        from the Attorney General and, if a business, the business
        shall be required to conduct mandatory education of the sales
        employees of the firm with regard to the legal sales of
        pseudoephedrine.  For a second violation occurring within 2
        years of the first violation, the business or individual shall
        be subject to a civil penalty of not more than $5,000. For any
        subsequent violation occurring within 2 years of the previous
        violation, the business or individual shall be subject to a
        civil penalty not to exceed the amount of the previous civil
        penalty plus $5,000.
        "(2) Phenylpropanolamine. -
          "(A) Limit. -
            "(i) In general. - Not sooner than the effective date of
          this section and subject to the requirements of clause (ii),
          the Attorney General may establish by regulation a
          single-transaction limit of 24 grams of phenylpropanolamine
          base for retail distributors.  Notwithstanding any other
          provision of law, the single-transaction threshold quantity
          for phenylpropanolamine-containing compounds may not be
          lowered beyond that established in this paragraph.
            "(ii) Conditions. - In order to establish a
          single-transaction limit of 24 grams of phenylpropanolamine
          base, the Attorney General shall establish, following notice,
          comment, and an informal hearing, that since the date of
          enactment of this Act there are a significant number of
          instances where ordinary over-the-counter phenylpropanolamine
          products as established in paragraph (45) of section 102 of
          the Controlled Substances Act (21 U.S.C. 802(45)), as added
          by this Act, sold by retail distributors as established in
          paragraph (46) in section 102 of the Controlled Substances
          Act (21 U.S.C. 802(46)), are being used as a significant
          source of precursor chemicals for illegal manufacture of a
          controlled substance in bulk.
          "(B) Violation. - Any individual or business that violates
        the thresholds established in this paragraph shall, with
        respect to the first such violation, receive a warning letter
        from the Attorney General and, if a business, the business
        shall be required to conduct mandatory education of the sales
        employees of the firm with regard to the legal sales of
        pseudoephedrine.  For a second violation occurring within 2
        years of the first violation, the business or individual shall
        be subject to a civil penalty of not more than $5,000. For any
        subsequent violation occurring within 2 years of the previous
        violation, the business or individual shall be subject to a
        civil penalty not to exceed the amount of the previous civil
        penalty plus $5,000.
        "(3) Significant number of instances. -
          "(A) In general. - For purposes of this subsection, isolated
        or infrequent use, or use in insubstantial quantities, of
        ordinary over-the-counter pseudoephedrine or
        phenylpropanolamine, as defined in section 102(45) of the
        Controlled Substances Act, as added by section 401(b) of this
        Act, and sold at the retail level for the illicit manufacture
        of methamphetamine or amphetamine may not be used by the
        Attorney General as the basis for establishing the conditions
        under paragraph (1)(A)(ii) of this subsection, with respect to
        pseudoephedrine, and paragraph (2)(A)(ii) of this subsection,
        with respect to phenylpropanolamine.
          "(B) Considerations and report. - The Attorney General shall
        -
            "(i) in establishing a finding under paragraph (1)(A)(ii)
          or (2)(A)(ii) of this subsection, consult with the Secretary
          of Health and Human Services in order to consider the effects
          on public health that would occur from the establishment of
          new single transaction limits as provided in such paragraph;
          and
            "(ii) upon establishing a finding, transmit a report to
          the Committees on the Judiciary in both, respectively, the
          House of Representatives and the Senate in which the Attorney
          General will provide the factual basis for establishing the
          new single transaction limits.
        "(4) Definition of business. - For purposes of this
      subsection, the term 'business' means the entity that makes the
      direct sale and does not include the parent company of a business
      not involved in a direct sale regulated by this subsection.
        "(5) Judicial review. - Any regulation promulgated by the
      Attorney General under this section shall be subject to judicial
      review pursuant to section 507 of the Controlled Substances Act
      (21 U.S.C. 877).
      "(e) Effect on Thresholds. - Nothing in the amendments made by
    subsection (b) (amending this section) or the provisions of
    subsection (d) shall affect the authority of the Attorney General
    to modify thresholds (including cumulative thresholds) for retail
    distributors for products other than ordinary over-the-counter
    pseudoephedrine or phenylpropanolamine products (as defined in
    section 102(45) of the Controlled Substances Act (21 U.S.C.
    802(45)), as added by this section) or for non-retail distributors,
    importers, or exporters.
      "(f) Combination Ephedrine Products. -
        "(1) In general. - For the purposes of this section,
      combination ephedrine products shall be treated the same as
      pseudoephedrine products, except that -
          "(A) a single transaction limit of 24 grams shall be
        effective as of the date of enactment of this Act (Oct. 3,
        1996) and shall apply to sales of all combination ephedrine
        products, notwithstanding the form in which those products are
        packaged, made by retail distributors or distributors required
        to submit a report under section 310(b)(3) of the Controlled
        Substances Act (21 U.S.C. 830(b)(3)) (as added by section 402
        of this Act);
          "(B) for regulated transactions for combination ephedrine
        products other than sales described in subparagraph (A), the
        transaction limit shall be -
            "(i) 1 kilogram of ephedrine base, effective on the date
          of enactment of this Act; or
            "(ii) a threshold other than the threshold described in
          clause (i), if established by the Attorney General not
          earlier than 1 year after the date of enactment of this Act;
          and
          "(C) the penalties provided in subsection (d)(1)(B) of this
        section shall take effect on the date of enactment of this Act
        for any individual or business that violates the single
        transaction limit of 24 grams for combination ephedrine
        products.
        "(2) Definition. - For the purposes of this section, the term
      'combination ephedrine product' means a drug product containing
      ephedrine or its salts, optical isomers, or salts of optical
      isomers and therapeutically significant quantities of another
      active medicinal ingredient."
                 EXEMPTION FOR SUBSTANCES IN PARAGRAPH (41)
      Section 1903 of Pub. L. 101-647 provided that:
      "(a) Abuse Potential. - The Attorney General, upon the
    recommendation of the Secretary of Health and Human Services, may,
    by regulation, exempt any compound, mixture, or preparation
    containing a substance in paragraph (41) of section 102 of the
    Controlled Substances Act (21 U.S.C. 802(41)) (as added by section
    2 (1902) of this Act) from the application of all or any part of
    the Controlled Substances Act (21 U.S.C. 801 et seq.) if, because
    of its concentration, preparation, mixture or delivery system, it
    has no significant potential for abuse.
      "(b) Drugs for Treatment of Rare Diseases. - If the Attorney
    General finds that a drug listed in paragraph (41) of section 102
    of the Controlled Substances Act (as added by section 2 (1902) of
    this Act) is -
        "(1) approved by the Food and Drug Administration as an
      accepted treatment for a rare disease or condition, as defined in
      section 526 of the Federal Food, Drug, and Cosmetic Act (21
      U.S.C. 360bb); and
        "(2) does not have a significant potential for abuse, the
      Attorney General may exempt such drug from any production
      regulations otherwise issued under the Controlled Substances Act
      as may be necessary to ensure adequate supplies of such drug for
      medical purposes.
      "(c) Date of Issuance of Regulations. - The Attorney General
    shall issue regulations implementing this section not later than 45
    days after the date of enactment of this Act (Nov. 29, 1990),
    except that the regulations required under section 3(a) (1903(a))
    shall be issued not later than 180 days after the date of enactment
    of this Act."
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 814, 822, 823, 830, 862a,
    889, 951, 956, 957, 958, 967, 1115, 1701, 1907 of this title; title
    7 sections 2015, 2021; title 8 sections 1101, 1182, 1227; title 10
    section 986; title 16 section 559b; title 18 sections 342, 521,
    842, 922, 924, 1791, 1952, 1961, 2118, 3142, 3563, 3592; title 19
    sections 1401, 1584, 1607; title 20 section 1091; title 22 sections
    2291, 2708, 2714; title 23 section 410; title 25 section 4103;
    title 29 sections 1111, 1854, 2892; title 42 sections 201, 1437a,
    1437d, 1437f, 1786, 2000e-2, 2473c, 3411, 3602, 3607, 5667, 5667a,
    9919, 11851, 11905, 11924, 12602; title 46 section 2101; title 46
    App. section 1903; title 48 sections 1902, 1903; title 49 sections
    5331, 20140, 30301, 31102, 31301, 31306, 44106, 44111, 44703,
    44710, 44713, 45101, 46306, 80302; title 50 section 404i.
 
-CITE-
    21 USC Sec. 803                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part A - Introductory Provisions
 
-HEAD-
    Sec. 803. Repealed. Pub. L. 95-137, Sec. 1(b), Oct. 18, 1977, 91
        Stat. 1169
 
-MISC1-
      Section, Pub. L. 91-513, title II, Sec. 103, Oct. 27, 1970, 84
    Stat. 1245, authorized Bureau of Narcotics and Dangerous Drugs to
    add, during fiscal year 1971, 300 agents, together with necessary
    supporting personnel, and provided for appropriations of $6,000,000
    to carry out such addition.
 
-CITE-
    21 USC Part B - Authority To Control; Standards and
                  Schedules                                      01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part B - Authority To Control; Standards and Schedules
    .
 
-HEAD-
    Part B - Authority To Control; Standards and Schedules
 
-SECREF-
                     PART REFERRED TO IN OTHER SECTIONS
      This part is referred to in title 50 section 404i.
 
-CITE-
    21 USC Sec. 811                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part B - Authority To Control; Standards and Schedules
 
-HEAD-
    Sec. 811. Authority and criteria for classification of substances
 
-STATUTE-
    (a) Rules and regulations of Attorney General; hearing
      The Attorney General shall apply the provisions of this
    subchapter to the controlled substances listed in the schedules
    established by section 812 of this title and to any other drug or
    other substance added to such schedules under this subchapter.
    Except as provided in subsections (d) and (e) of this section, the
    Attorney General may by rule -
        (1) add to such a schedule or transfer between such schedules
      any drug or other substance if he -
          (A) finds that such drug or other substance has a potential
        for abuse, and
          (B) makes with respect to such drug or other substance the
        findings prescribed by subsection (b) of section 812 of this
        title for the schedule in which such drug is to be placed; or
        (2) remove any drug or other substance from the schedules if he
      finds that the drug or other substance does not meet the
      requirements for inclusion in any schedule.
    Rules of the Attorney General under this subsection shall be made
    on the record after opportunity for a hearing pursuant to the
    rulemaking procedures prescribed by subchapter II of chapter 5 of
    title 5. Proceedings for the issuance, amendment, or repeal of such
    rules may be initiated by the Attorney General (1) on his own
    motion, (2) at the request of the Secretary, or (3) on the petition
    of any interested party.
    (b) Evaluation of drugs and other substances
      The Attorney General shall, before initiating proceedings under
    subsection (a) of this section to control a drug or other substance
    or to remove a drug or other substance entirely from the schedules,
    and after gathering the necessary data, request from the Secretary
    a scientific and medical evaluation, and his recommendations, as to
    whether such drug or other substance should be so controlled or
    removed as a controlled substance.  In making such evaluation and
    recommendations, the Secretary shall consider the factors listed in
    paragraphs (2), (3), (6), (7), and (8) of subsection (c) of this
    section and any scientific or medical considerations involved in
    paragraphs (1), (4), and (5) of such subsection.  The
    recommendations of the Secretary shall include recommendations with
    respect to the appropriate schedule, if any, under which such drug
    or other substance should be listed.  The evaluation and the
    recommendations of the Secretary shall be made in writing and
    submitted to the Attorney General within a reasonable time.  The
    recommendations of the Secretary to the Attorney General shall be
    binding on the Attorney General as to such scientific and medical
    matters, and if the Secretary recommends that a drug or other
    substance not be controlled, the Attorney General shall not control
    the drug or other substance.  If the Attorney General determines
    that these facts and all other relevant data constitute substantial
    evidence of potential for abuse such as to warrant control or
    substantial evidence that the drug or other substance should be
    removed entirely from the schedules, he shall initiate proceedings
    for control or removal, as the case may be, under subsection (a) of
    this section.
    (c) Factors determinative of control or removal from schedules
      In making any finding under subsection (a) of this section or
    under subsection (b) of section 812 of this title, the Attorney
    General shall consider the following factors with respect to each
    drug or other substance proposed to be controlled or removed from
    the schedules:
        (1) Its actual or relative potential for abuse.
        (2) Scientific evidence of its pharmacological effect, if
      known.
        (3) The state of current scientific knowledge regarding the
      drug or other substance.
        (4) Its history and current pattern of abuse.
        (5) The scope, duration, and significance of abuse.
        (6) What, if any, risk there is to the public health.
        (7) Its psychic or physiological dependence liability.
        (8) Whether the substance is an immediate precursor of a
      substance already controlled under this subchapter.
    (d) International treaties, conventions, and protocols requiring
        control; procedures respecting changes in drug schedules of
        Convention on Psychotropic Substances
      (1) If control is required by United States obligations under
    international treaties, conventions, or protocols in effect on
    October 27, 1970, the Attorney General shall issue an order
    controlling such drug under the schedule he deems most appropriate
    to carry out such obligations, without regard to the findings
    required by subsection (a) of this section or section 812(b) of
    this title and without regard to the procedures prescribed by
    subsections (a) and (b) of this section.
      (2)(A) Whenever the Secretary of State receives notification from
    the Secretary-General of the United Nations that information has
    been transmitted by or to the World Health Organization, pursuant
    to article 2 of the Convention on Psychotropic Substances, which
    may justify adding a drug or other substance to one of the
    schedules of the Convention, transferring a drug or substance from
    one schedule to another, or deleting it from the schedules, the
    Secretary of State shall immediately transmit the notice to the
    Secretary of Health and Human Services who shall publish it in the
    Federal Register and provide opportunity to interested persons to
    submit to him comments respecting the scientific and medical
    evaluations which he is to prepare respecting such drug or
    substance.  The Secretary of Health and Human Services shall
    prepare for transmission through the Secretary of State to the
    World Health Organization such medical and scientific evaluations
    as may be appropriate regarding the possible action that could be
    proposed by the World Health Organization respecting the drug or
    substance with respect to which a notice was transmitted under this
    subparagraph.
      (B) Whenever the Secretary of State receives information that the
    Commission on Narcotic Drugs of the United Nations proposes to
    decide whether to add a drug or other substance to one of the
    schedules of the Convention, transfer a drug or substance from one
    schedule to another, or delete it from the schedules, the Secretary
    of State shall transmit timely notice to the Secretary of Health
    and Human Services of such information who shall publish a summary
    of such information in the Federal Register and provide opportunity
    to interested persons to submit to him comments respecting the
    recommendation which he is to furnish, pursuant to this
    subparagraph, respecting such proposal.  The Secretary of Health
    and Human Services shall evaluate the proposal and furnish a
    recommendation to the Secretary of State which shall be binding on
    the representative of the United States in discussions and
    negotiations relating to the proposal.
      (3) When the United States receives notification of a scheduling
    decision pursuant to article 2 of the Convention on Psychotropic
    Substances that a drug or other substance has been added or
    transferred to a schedule specified in the notification or receives
    notification (referred to in this subsection as a "schedule
    notice") that existing legal controls applicable under this
    subchapter to a drug or substance and the controls required by the
    Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) do not
    meet the requirements of the schedule of the Convention in which
    such drug or substance has been placed, the Secretary of Health and
    Human Services after consultation with the Attorney General, shall
    first determine whether existing legal controls under this
    subchapter applicable to the drug or substance and the controls
    required by the Federal Food, Drug, and Cosmetic Act, meet the
    requirements of the schedule specified in the notification or
    schedule notice and shall take the following action:
        (A) If such requirements are met by such existing controls but
      the Secretary of Health and Human Services nonetheless believes
      that more stringent controls should be applied to the drug or
      substance, the Secretary shall recommend to the Attorney General
      that he initiate proceedings for scheduling the drug or
      substance, pursuant to subsections (a) and (b) of this section,
      to apply to such controls.
        (B) If such requirements are not met by such existing controls
      and the Secretary of Health and Human Services concurs in the
      scheduling decision or schedule notice transmitted by the
      notification, the Secretary shall recommend to the Attorney
      General that he initiate proceedings for scheduling the drug or
      substance under the appropriate schedule pursuant to subsections
      (a) and (b) of this section.
        (C) If such requirements are not met by such existing controls
      and the Secretary of Health and Human Services does not concur in
      the scheduling decision or schedule notice transmitted by the
      notification, the Secretary shall -
          (i) if he deems that additional controls are necessary to
        protect the public health and safety, recommend to the Attorney
        General that he initiate proceedings for scheduling the drug or
        substance pursuant to subsections (a) and (b) of this section,
        to apply such additional controls;
          (ii) request the Secretary of State to transmit a notice of
        qualified acceptance, within the period specified in the
        Convention, pursuant to paragraph 7 of article 2 of the
        Convention, to the Secretary-General of the United Nations;
          (iii) request the Secretary of State to transmit a notice of
        qualified acceptance as prescribed in clause (ii) and request
        the Secretary of State to ask for a review by the Economic and
        Social Council of the United Nations, in accordance with
        paragraph 8 of article 2 of the Convention, of the scheduling
        decision; or
          (iv) in the case of a schedule notice, request the Secretary
        of State to take appropriate action under the Convention to
        initiate proceedings to remove the drug or substance from the
        schedules under the Convention or to transfer the drug or
        substance to a schedule under the Convention different from the
        one specified in the schedule notice.
      (4)(A) If the Attorney General determines, after consultation
    with the Secretary of Health and Human Services, that proceedings
    initiated under recommendations made under paragraph (FOOTNOTE 1)
    (B) or (C)(i) of paragraph (3) will not be completed within the
    time period required by paragraph 7 of article 2 of the Convention,
    the Attorney General, after consultation with the Secretary and
    after providing interested persons opportunity to submit comments
    respecting the requirements of the temporary order to be issued
    under this sentence, shall issue a temporary order controlling the
    drug or substance under schedule IV or V, whichever is most
    appropriate to carry out the minimum United States obligations
    under paragraph 7 of article 2 of the Convention. As a part of such
    order, the Attorney General shall, after consultation with the
    Secretary, except such drug or substance from the application of
    any provision of part C of this subchapter which he finds is not
    required to carry out the United States obligations under paragraph
    7 of article 2 of the Convention. In the case of proceedings
    initiated under subparagraph (B) of paragraph (3), the Attorney
    General, concurrently with the issuance of such order, shall
    request the Secretary of State to transmit a notice of qualified
    acceptance to the Secretary-General of the United Nations pursuant
    to paragraph 7 of article 2 of the Convention. A temporary order
    issued under this subparagraph controlling a drug or other
    substance subject to proceedings initiated under subsections (a)
    and (b) of this section shall expire upon the effective date of the
    application to the drug or substance of the controls resulting from
    such proceedings.
       (FOOTNOTE 1) So in original.  Probably should be
    "subparagraph".
      (B) After a notice of qualified acceptance of a scheduling
    decision with respect to a drug or other substance is transmitted
    to the Secretary-General of the United Nations in accordance with
    clause (ii) or (iii) of paragraph (3)(C) or after a request has
    been made under clause (iv) of such paragraph with respect to a
    drug or substance described in a schedule notice, the Attorney
    General, after consultation with the Secretary of Health and Human
    Services and after providing interested persons opportunity to
    submit comments respecting the requirements of the order to be
    issued under this sentence, shall issue an order controlling the
    drug or substance under schedule IV or V, whichever is most
    appropriate to carry out the minimum United States obligations
    under paragraph 7 of article 2 of the Convention in the case of a
    drug or substance for which a notice of qualified acceptance was
    transmitted or whichever the Attorney General determines is
    appropriate in the case of a drug or substance described in a
    schedule notice.  As a part of such order, the Attorney General
    shall, after consultation with the Secretary, except such drug or
    substance from the application of any provision of part C of this
    subchapter which he finds is not required to carry out the United
    States obligations under paragraph 7 of article 2 of the
    Convention. If, as a result of a review under paragraph 8 of
    article 2 of the Convention of the scheduling decision with respect
    to which a notice of qualified acceptance was transmitted in
    accordance with clause (ii) or (iii) of paragraph (3)(C) -
        (i) the decision is reversed, and
        (ii) the drug or substance subject to such decision is not
      required to be controlled under schedule IV or V to carry out the
      minimum United States obligations under paragraph 7 of article 2
      of the Convention,
    the order issued under this subparagraph with respect to such drug
    or substance shall expire upon receipt by the United States of the
    review decision.  If, as a result of action taken pursuant to
    action initiated under a request transmitted under clause (iv) of
    paragraph (3)(C), the drug or substance with respect to which such
    action was taken is not required to be controlled under schedule IV
    or V, the order issued under this paragraph with respect to such
    drug or substance shall expire upon receipt by the United States of
    a notice of the action taken with respect to such drug or substance
    under the Convention.
      (C) An order issued under subparagraph (A) or (B) may be issued
    without regard to the findings required by subsection (a) of this
    section or by section 812(b) of this title and without regard to
    the procedures prescribed by subsection (a) or (b) of this section.
      (5) Nothing in the amendments made by the Psychotropic Substances
    Act of 1978 or the regulations or orders promulgated thereunder
    shall be construed to preclude requests by the Secretary of Health
    and Human Services or the Attorney General through the Secretary of
    State, pursuant to article 2 or other applicable provisions of the
    Convention, for review of scheduling decisions under such
    Convention, based on new or additional information.
    (e) Immediate precursors
      The Attorney General may, without regard to the findings required
    by subsection (a) of this section or section 812(b) of this title
    and without regard to the procedures prescribed by subsections (a)
    and (b) of this section, place an immediate precursor in the same
    schedule in which the controlled substance of which it is an
    immediate precursor is placed or in any other schedule with a
    higher numerical designation.  If the Attorney General designates a
    substance as an immediate precursor and places it in a schedule,
    other substances shall not be placed in a schedule solely because
    they are its precursors.
    (f) Abuse potential
      If, at the time a new-drug application is submitted to the
    Secretary for any drug having a stimulant, depressant, or
    hallucinogenic effect on the central nervous system, it appears
    that such drug has an abuse potential, such information shall be
    forwarded by the Secretary to the Attorney General.
    (g) Exclusion of non-narcotic substances sold over the counter
        without a prescription; dextromethorphan; exemption of
        substances lacking abuse potential
      (1) The Attorney General shall by regulation exclude any
    non-narcotic substance from a schedule if such substance may, under
    the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
    be lawfully sold over the counter without a prescription.
      (2) Dextromethorphan shall not be deemed to be included in any
    schedule by reason of enactment of this subchapter unless
    controlled after October 27, 1970 pursuant to the foregoing
    provisions of this section.
      (3) The Attorney General may, by regulation, exempt any compound,
    mixture, or preparation containing a controlled substance from the
    application of all or any part of this subchapter if he finds such
    compound, mixture, or preparation meets the requirements of one of
    the following categories:
        (A) A mixture, or preparation containing a nonnarcotic
      controlled substance, which mixture or preparation is approved
      for prescription use, and which contains one or more other active
      ingredients which are not listed in any schedule and which are
      included therein in such combinations, quantity, proportion, or
      concentration as to vitiate the potential for abuse.
        (B) A compound, mixture, or preparation which contains any
      controlled substance, which is not for administration to a human
      being or animal, and which is packaged in such form or
      concentration, or with adulterants or denaturants, so that as
      packaged it does not present any significant potential for abuse.
    (h) Temporary scheduling to avoid imminent hazards to public safety
      (1) If the Attorney General finds that the scheduling of a
    substance in schedule I on a temporary basis is necessary to avoid
    an imminent hazard to the public safety, he may, by order and
    without regard to the requirements of subsection (b) of this
    section relating to the Secretary of Health and Human Services,
    schedule such substance in schedule I if the substance is not
    listed in any other schedule in section 812 of this title or if no
    exemption or approval is in effect for the substance under section
    505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355).
    Such an order may not be issued before the expiration of thirty
    days from -
        (A) the date of the publication by the Attorney General of a
      notice in the Federal Register of the intention to issue such
      order and the grounds upon which such order is to be issued, and
        (B) the date the Attorney General has transmitted the notice
      required by paragraph (4).
      (2) The scheduling of a substance under this subsection shall
    expire at the end of one year from the date of the issuance of the
    order scheduling such substance, except that the Attorney General
    may, during the pendency of proceedings under subsection (a)(1) of
    this section with respect to the substance, extend the temporary
    scheduling for up to six months.
      (3) When issuing an order under paragraph (1), the Attorney
    General shall be required to consider, with respect to the finding
    of an imminent hazard to the public safety, only those factors set
    forth in paragraphs (4), (5), and (6) of subsection (c) of this
    section, including actual abuse, diversion from legitimate
    channels, and clandestine importation, manufacture, or
    distribution.
      (4) The Attorney General shall transmit notice of an order
    proposed to be issued under paragraph (1) to the Secretary of
    Health and Human Services. In issuing an order under paragraph (1),
    the Attorney General shall take into consideration any comments
    submitted by the Secretary in response to a notice transmitted
    pursuant to this paragraph.
      (5) An order issued under paragraph (1) with respect to a
    substance shall be vacated upon the conclusion of a subsequent
    rulemaking proceeding initiated under subsection (a) of this
    section with respect to such substance.
      (6) An order issued under paragraph (1) is not subject to
    judicial review.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 201, Oct. 27, 1970, 84 Stat. 1245;
    Pub. L. 95-633, title I, Sec. 102(a), Nov. 10, 1978, 92 Stat. 3769;
    Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695;
    Pub. L. 98-473, title II, Sec. 508, 509(a), Oct. 12, 1984, 98 Stat.
    2071, 2072.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This subchapter, referred to in subsecs. (a), (c)(8), (d)(3),
    (4)(A), (B), and (g)(2), (3), was in the original "this title",
    meaning title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242,
    as amended, and is popularly known as the "Controlled Substances
    Act". For complete classification of title II to the Code, see
    second paragraph of Short Title note set out under section 801 of
    this title and Tables.
      The Federal Food, Drug, and Cosmetic Act, referred to in subsecs.
    (d)(3) and (g)(1), is act June 25, 1938, ch. 675, 52 Stat. 1040, as
    amended, which is classified generally to chapter 9 (Sec. 301 et
    seq.) of this title.  For complete classification of this Act to
    the Code, see section 301 of this title and Tables.
      Schedules I, IV, and V, referred to in subsecs. (d)(4)(A), (B),
    and (h)(1), are set out in section 812(c) of this title.
      The Psychotropic Substances Act of 1978, referred to in subsec.
    (d)(5), is Pub. L. 95-633, Nov. 10, 1978, 92 Stat. 3768, which
    enacted sections 801a, 830, and 852 of this title, amended sections
    352, 802, 811, 812, 823, 827, 841 to 843, 872, 881, 952, 953, and
    965 of this title and section 242a of Title 42, The Public Health
    and Welfare, repealed section 830 of this title effective Jan. 1,
    1981, and enacted provisions set out as notes under sections 801,
    801a, 812, and 830 of this title.  For complete classification of
    this Act to the Code, see Short Title of 1978 Amendment note set
    out under section 801 of this title and Tables.
 
-MISC2-
                                 AMENDMENTS
      1984 - Subsec. (g)(3). Pub. L. 98-473, Sec. 509(a), added par.
    (3).
      Subsec. (h). Pub. L. 98-473, Sec. 508, added subsec. (h).
      1978 - Subsec. (d). Pub. L. 95-633 designated existing provisions
    as par. (1) and added pars. (2) to (5).
 
-CHANGE-
                               CHANGE OF NAME
      "Secretary of Health and Human Services" substituted for
    "Secretary of Health, Education, and Welfare" in subsec. (d)(2),
    (3), (4)(A), (B), (5) pursuant to section 509(b) of Pub. L. 96-88
    which is classified to section 3508(b) of Title 20, Education.
 
-MISC4-
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-633 effective on date the Convention on
    Psychotropic Substances enters into force in the United States
    (July 15, 1980), see section 112 of Pub. L. 95-633, set out as an
    Effective Date note under section 801a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 812, 872, 1115 of this
    title.
 
-CITE-
    21 USC Sec. 812                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part B - Authority To Control; Standards and Schedules
 
-HEAD-
    Sec. 812. Schedules of controlled substances
 
-STATUTE-
    (a) Establishment
      There are established five schedules of controlled substances, to
    be known as schedules I, II, III, IV, and V. Such schedules shall
    initially consist of the substances listed in this section.  The
    schedules established by this section shall be updated and
    republished on a semiannual basis during the two-year period
    beginning one year after October 27, 1970, and shall be updated and
    republished on an annual basis thereafter.
    (b) Placement on schedules; findings required
      Except where control is required by United States obligations
    under an international treaty, convention, or protocol, in effect
    on October 27, 1970, and except in the case of an immediate
    precursor, a drug or other substance may not be placed in any
    schedule unless the findings required for such schedule are made
    with respect to such drug or other substance.  The findings
    required for each of the schedules are as follows:
      (1) Schedule I. -
        (A) The drug or other substance has a high potential for abuse.
        (B) The drug or other substance has no currently accepted
      medical use in treatment in the United States.
        (C) There is a lack of accepted safety for use of the drug or
      other substance under medical supervision.
      (2) Schedule II. -
        (A) The drug or other substance has a high potential for abuse.
        (B) The drug or other substance has a currently accepted
      medical use in treatment in the United States or a currently
      accepted medical use with severe restrictions.
        (C) Abuse of the drug or other substances may lead to severe
      psychological or physical dependence.
      (3) Schedule III. -
        (A) The drug or other substance has a potential for abuse less
      than the drugs or other substances in schedules I and II.
        (B) The drug or other substance has a currently accepted
      medical use in treatment in the United States.
        (C) Abuse of the drug or other substance may lead to moderate
      or low physical dependence or high psychological dependence.
      (4) Schedule IV. -
        (A) The drug or other substance has a low potential for abuse
      relative to the drugs or other substances in schedule III.
        (B) The drug or other substance has a currently accepted
      medical use in treatment in the United States.
        (C) Abuse of the drug or other substance may lead to limited
      physical dependence or psychological dependence relative to the
      drugs or other substances in schedule III.
      (5) Schedule V. -
        (A) The drug or other substance has a low potential for abuse
      relative to the drugs or other substances in schedule IV.
        (B) The drug or other substance has a currently accepted
      medical use in treatment in the United States.
        (C) Abuse of the drug or other substance may lead to limited
      physical dependence or psychological dependence relative to the
      drugs or other substances in schedule IV.
    (c) Initial schedules of controlled substances
      Schedules I, II, III, IV, and V shall, unless and until amended
    (FOOTNOTE 1) pursuant to section 811 of this title, consist of the
    following drugs or other substances, by whatever official name,
    common or usual name, chemical name, or brand name designated:
       (FOOTNOTE 1) Revised schedules are published in the Code of
    Federal Regulations, Part 1308 of Title 21, Food and Drugs.
                                 SCHEDULE I
      (a) Unless specifically excepted or unless listed in another
    schedule, any of the following opiates, including their isomers,
    esters, ethers, salts, and salts of isomers, esters, and ethers,
    whenever the existence of such isomers, esters, ethers, and salts
    is possible within the specific chemical designation:
        (1) Acetylmethadol.
        (2) Allylprodine.
        (3) Alphacetylmathadol. (FOOTNOTE 2)
       (FOOTNOTE 2) So in original.  Probably should be
    "Alphacetylmethadol."
        (4) Alphameprodine.
        (5) Alphamethadol.
        (6) Benzethidine.
        (7) Betacetylmethadol.
        (8) Betameprodine.
        (9) Betamethadol.
        (10) Betaprodine.
        (11) Clonitazene.
        (12) Dextromoramide.
        (13) Dextrorphan.
        (14) Diampromide.
        (15) Diethylthiambutene.
        (16) Dimenoxadol.
        (17) Dimepheptanol.
        (18) Dimethylthiambutene.
        (19) Dioxaphetyl butyrate.
        (20) Dipipanone.
        (21) Ethylmethylthiambutene.
        (22) Etonitazene.
        (23) Etoxeridine.
        (24) Furethidine.
        (25) Hydroxypethidine.
        (26) Ketobemidone.
        (27) Levomoramide.
        (28) Levophenacylmorphan.
        (29) Morpheridine.
        (30) Noracymethadol.
        (31) Norlevorphanol.
        (32) Normethadone.
        (33) Norpipanone.
        (34) Phenadoxone.
        (35) Phenampromide.
        (36) Phenomorphan.
        (37) Phenoperidine.
        (38) Piritramide.
        (39) Propheptazine.
        (40) Properidine.
        (41) Racemoramide.
        (42) Trimeperidine.
      (b) Unless specifically excepted or unless listed in another
    schedule, any of the following opium derivatives, their salts,
    isomers, and salt of isomers whenever the existence of such salts,
    isomers, and salts of isomers is possible within the specific
    chemical designation:
        (1) Acetorphine.
        (2) Acetyldihydrocodeine.
        (3) Benzylmorphine.
        (4) Codeine methylbromide.
        (5) Codeine-N-Oxide.
        (6) Cyprenorphine.
        (7) Desomorphine.
        (8) Dihydromorphine.
        (9) Etorphine.
        (10) Heroin.
        (11) Hydromorphinol.
        (12) Methyldesorphine.
        (13) Methylhydromorphine.
        (14) Morphine methylbromide.
        (15) Morphine methylsulfonate.
        (16) Morphine-N-Oxide.
        (17) Myrophine.
        (18) Nicocodeine.
        (19) Nicomorphine.
        (20) Normorphine.
        (21) Pholcodine.
        (22) Thebacon.
      (c) Unless specifically excepted or unless listed in another
    schedule, any material, compound, mixture, or preparation, which
    contains any quantity of the following hallucinogenic substances,
    or which contains any of their salts, isomers, and salts of isomers
    whenever the existence of such salts, isomers, and salts of isomers
    is possible within the specific chemical designation:
        (1) 3,4-methylenedioxy amphetamine.
        (2) 5-methoxy-3,4-methylenedioxy amphetamine.
        (3) 3,4,5-trimethoxy amphetamine.
        (4) Bufotenine.
        (5) Diethyltryptamine.
        (6) Dimethyltryptamine.
        (7) 4-methyl-2,5-diamethoxyamphetamine.
        (8) Ibogaine.
        (9) Lysergic acid diethylamide.
        (10) Marihuana.
        (11) Mescaline.
        (12) Peyote.
        (13) N-ethyl-3-piperidyl benzilate.
        (14) N-methyl-3-piperidyl benzilate.
        (15) Psilocybin.
        (16) Psilocyn.
        (17) Tetrahydrocannabinols.
                                SCHEDULE II
      (a) Unless specifically excepted or unless listed in another
    schedule, any of the following substances whether produced directly
    or indirectly by extraction from substances of vegetable origin, or
    independently by means of chemical synthesis, or by a combination
    of extraction and chemical synthesis:
        (1) Opium and opiate, and any salt, compound, derivative, or
      preparation of opium or opiate.
        (2) Any salt, compound, derivative, or preparation thereof
      which is chemically equivalent or identical with any of the
      substances referred to in clause (1), except that these
      substances shall not include the isoquinoline alkaloids of opium.
        (3) Opium poppy and poppy straw.
        (4) coca (FOOTNOTE 3) leaves, except coca leaves and extracts
      of coca leaves from which cocaine, ecgonine, and derivatives of
      ecgonine or their salts have been removed; cocaine, its salts,
      optical and geometric isomers, and salts of isomers; ecgonine,
      its derivatives, their salts, isomers, and salts of isomers; or
      any compound, mixture, or preparation which contains any quantity
      of any of the substances referred to in this paragraph.
       (FOOTNOTE 3) So in original.  Probably should be capitalized.
      (b) Unless specifically excepted or unless listed in another
    schedule, any of the following opiates, including their isomers,
    esters, ethers, salts, and salts of isomers, esters and ethers,
    whenever the existence of such isomers, esters, ethers, and salts
    is possible within the specific chemical designation:
        (1) Alphaprodine.
        (2) Anileridine.
        (3) Bezitramide.
        (4) Dihydrocodeine.
        (5) Diphenoxylate.
        (6) Fentanyl.
        (7) Isomethadone.
        (8) Levomethorphan.
        (9) Levorphanol.
        (10) Metazocine.
        (11) Methadone.
        (12) Methadone-Intermediate,
      4-cyano-2-dimethylamino-4,4-diphenyl butane.
        (13) Moramide-Intermediate, 2-methyl-3-morpholino-1,
      1-diphenylpropane-carboxylic acid.
        (14) Pethidine.
        (15) Pethidine-Intermediate-A,
      4-cyano-1-methyl-4-phenylpiperidine.
        (16) Pethidine-Intermediate-B,
      ethyl-4-phenylpiperidine-4-carboxylate.
        (17) Pethidine-Intermediate-C,
      1-methyl-4-phenylpiperidine-4-carboxylic acid.
        (18) Phenazocine.
        (19) Piminodine.
        (20) Racemethorphan.
        (21) Racemorphan.
      (c) Unless specifically excepted or unless listed in another
    schedule, any injectable liquid which contains any quantity of
    methamphetamine, including its salts, isomers, and salts of
    isomers.
                                SCHEDULE III
      (a) Unless specifically excepted or unless listed in another
    schedule, any material, compound, mixture, or preparation which
    contains any quantity of the following substances having a
    stimulant effect on the central nervous system:
        (1) Amphetamine, its salts, optical isomers, and salts of its
      optical isomers.
        (2) Phenmetrazine and its salts.
        (3) Any substance (except an injectable liquid) which contains
      any quantity of methamphetamine, including its salts, isomers,
      and salts of isomers.
        (4) Methylphenidate.
      (b) Unless specifically excepted or unless listed in another
    schedule, any material, compound, mixture, or preparation which
    contains any quantity of the following substances having a
    depressant effect on the central nervous system:
        (1) Any substance which contains any quantity of a derivative
      of barbituric acid, or any salt of a derivative of barbituric
      acid.
        (2) Chorhexadol.
        (3) Glutehimide.
        (4) Lysergic acid.
        (5) Lysergic acid amide.
        (6) Methyprylon.
        (7) Phencyclidine.
        (8) Sulfondiethylmethane.
        (9) Sulfonethylmethane.
        (10) Sulfonmethane.
      (c) Nalorphine.
      (d) Unless specifically excepted or unless listed in another
    schedule, any material, compound, mixture, or preparation
    containing limited quantities of any of the following narcotic
    drugs, or any salts thereof:
        (1) Not more than 1.8 grams of codeine per 100 milliliters or
      not more than 90 milligrams per dosage unit, with an equal or
      greater quantity of an isoquinoline alkaloid of opium.
        (2) Not more than 1.8 grams of codeine per 100 milliliters or
      not more than 90 milligrams per dosage unit, with one or more
      active, non-narcotic ingredients in recognized therapeutic
      amounts.
        (3) Not more than 300 milligrams of dihydrocodeinone per 100
      milliliters or not more than 15 milligrams per dosage unit, with
      a fourfold or greater quantity of an isoquinoline alkaloid of
      opium.
        (4) Not more than 300 milligrams of dihydrocodeinone per 100
      milliliters or not more than 15 milligrams per dosage unit, with
      one or more active, nonnarcotic ingredients in recognized
      therapeutic amounts.
        (5) Not more than 1.8 grams of dihydrocodeine per 100
      milliliters or not more than 90 milligrams per dosage unit, with
      one or more active, nonnarcotic ingredients in recognized
      therapeutic amounts.
        (6) Not more than 300 milligrams of ethylmorphine per 100
      milliliters or not more than 15 milligrams per dosage unit, with
      one or more active, nonnarcotic ingredients in recognized
      therapeutic amounts.
        (7) Not more than 500 milligrams of opium per 100 milliliters
      or per 100 grams, or not more than 25 milligrams per dosage unit,
      with one or more active, nonnarcotic ingredients in recognized
      therapeutic amounts.
        (8) Not more than 50 milligrams of morphine per 100 milliliters
      or per 100 grams with one or more active, nonnarcotic ingredients
      in recognized therapeutic amounts.
      (e) Anabolic steroids.
                                SCHEDULE IV
      (1) Barbital.
      (2) Chloral betaine.
      (3) Chloral hydrate.
      (4) Ethchlorvynol.
      (5) Ethinamate.
      (6) Methohexital.
      (7) Meprobamate.
      (8) Methylphenobarbital.
      (9) Paraldehyde.
      (10) Petrichloral.
      (11) Phenobarbital.
                                 SCHEDULE V
      Any compound, mixture, or preparation containing any of the
    following limited quantities of narcotic drugs, which shall include
    one or more nonnarcotic active medicinal ingredients in sufficient
    proportion to confer upon the compound, mixture, or preparation
    valuable medicinal qualities other than those possessed by the
    narcotic drug alone:
        (1) Not more than 200 milligrams of codeine per 100 milliliters
      or per 100 grams.
        (2) Not more than 100 milligrams of dihydrocodeine per 100
      milliliters or per 100 grams.
        (3) Not more than 100 milligrams of ethylmorphine per 100
      milliliters or per 100 grams.
        (4) Not more than 2.5 milligrams of diphenoxylate and not less
      than 25 micrograms of atropine sulfate per dosage unit.
        (5) Not more than 100 milligrams of opium per 100 milliliters
      or per 100 grams.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 202, Oct. 27, 1970, 84 Stat. 1247;
    Pub. L. 95-633, title I, Sec. 103, Nov. 10, 1978, 92 Stat. 3772;
    Pub. L. 98-473, title II, Sec. 507(c), 509(b), Oct. 12, 1984, 98
    Stat. 2071, 2072; Pub. L. 99-570, title I, Sec. 1867, Oct. 27,
    1986, 100 Stat. 3207-55; Pub. L. 99-646, Sec. 84, Nov. 10, 1986,
    100 Stat. 3619; Pub. L. 101-647, title XIX, Sec. 1902(a), Nov. 29,
    1990, 104 Stat. 4851.)
 
-MISC1-
                                 AMENDMENTS
      1990 - Subsec. (c). Pub. L. 101-647 added item (e) at end of
    schedule III.
      1986 - Subsec. (c). Pub. L. 99-646 amended schedule II(a)(4)
    generally.  Prior to amendment, schedule II(a)(4) read as follows:
    "Coca leaves (except coca leaves and extracts of coca leaves from
    which cocaine, ecgonine, and derivatives of ecgonine or their salts
    have been removed); cocaine, its salts, optical and geometric
    isomers, and salts of isomers; and ecgonine, its derivatives, their
    salts, isomers, and salts of isomers."
      Pub. L. 99-570 amended schedule II(a)(4) generally.  Prior to
    amendment, schedule II(a)(4) read as follows: "Coca leaves and any
    salt, compound, derivative, or preparation of coca leaves
    (including cocaine and ecgonine and their salts, isomers,
    derivatives, and salts of isomers and derivatives), and any salt,
    compound, derivative, or preparation thereof which is chemically
    equivalent or identical with any of these substances, except that
    the substances shall not include decocainized coca leaves or
    extraction of coca leaves, which extractions do not contain cocaine
    or ecgonine."
      1984 - Subsec. (c). Pub. L. 98-473, Sec. 507(c), in schedule
    II(a)(4) added applicability to cocaine and ecgonine and their
    salts, isomers, etc.
      Subsec. (d). Pub. L. 98-473, Sec. 509(b), struck out subsec. (d)
    which related to authority of Attorney General to except stimulants
    or depressants containing active medicinal ingredients.
      1978 - Subsec. (d)(3). Pub. L. 95-633 added cl. (3).
                      EFFECTIVE DATE OF 1990 AMENDMENT
      Amendment by Pub. L. 101-647 effective 90 days after Nov. 29,
    1990, see section 1902(d) of Pub. L. 101-647, set out as a note
    under section 802 of this title.
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-633 effective on date the Convention on
    Psychotropic Substances enters into force in the United States
    (July 15, 1980), see section 112 of Pub. L. 95-633, set out as an
    Effective Date note under section 801a of this title.
      CONGRESSIONAL FINDING; EMERGENCY SCHEDULING OF GHB IN CONTROLLED
                               SUBSTANCES ACT
      Pub. L. 106-172, Sec. 2, 3(a), Feb. 18, 2000, 114 Stat. 7, 8,
    provided that:
    "SEC. 2. FINDINGS.
      "Congress finds as follows:
        "(1) Gamma hydroxybutyric acid (also called G, Liquid X,
      Liquid Ecstasy, Grievous Bodily Harm, Georgia Home Boy, Scoop)
      has become a significant and growing problem in law enforcement.
      At least 20 States have scheduled such drug in their drug laws
      and law enforcement officials have been experiencing an increased
      presence of the drug in driving under the influence, sexual
      assault, and overdose cases especially at night clubs and
      parties.
        "(2) A behavioral depressant and a hypnotic, gamma
      hydroxybutyric acid ('GHB') is being used in conjunction with
      alcohol and other drugs with detrimental effects in an increasing
      number of cases.  It is difficult to isolate the impact of such
      drug's ingestion since it is so typically taken with an
      ever-changing array of other drugs and especially alcohol which
      potentiates its impact.
        "(3) GHB takes the same path as alcohol, processes via alcohol
      dehydrogenase, and its symptoms at high levels of intake and as
      impact builds are comparable to alcohol ingestion/intoxication.
      Thus, aggression and violence can be expected in some individuals
      who use such drug.
        "(4) If taken for human consumption, common industrial
      chemicals such as gamma butyrolactone and 1.4-butanediol are
      swiftly converted by the body into GHB. Illicit use of these and
      other GHB analogues and precursor chemicals is a significant and
      growing law enforcement problem.
        "(5) A human pharmaceutical formulation of gamma
      hydroxybutyric acid is being developed as a treatment for
      cataplexy, a serious and debilitating disease.  Cataplexy, which
      causes sudden and total loss of muscle control, affects about 65
      percent of the estimated 180,000 Americans with narcolepsy, a
      sleep disorder.  People with cataplexy often are unable to work,
      drive a car, hold their children or live a normal life.
        "(6) Abuse of illicit GHB is an imminent hazard to public
      safety that requires immediate regulatory action under the
      Controlled Substances Act (21 U.S.C. 801 et seq.).
    "SEC. 3. EMERGENCY SCHEDULING OF GAMMA HYDROXYBUTYRIC ACID AND
        LISTING OF GAMMA BUTYROLACTONE AS LIST I CHEMICAL.
      "(a) Emergency Scheduling of GHB. -
        "(1) In general. - The Congress finds that the abuse of
      illicit gamma hydroxybutyric acid is an imminent hazard to the
      public safety.  Accordingly, the Attorney General,
      notwithstanding sections 201(a), 201(b), 201(c), and 202 of the
      Controlled Substances Act (21 U.S.C. 811(a)-(c), 812), shall
      issue, not later than 60 days after the date of the enactment of
      this Act (Feb. 18, 2000), a final order that schedules such drug
      (together with its salts, isomers, and salts of isomers) in the
      same schedule under section 202(c) of the Controlled Substances
      Act as would apply to a scheduling of a substance by the Attorney
      General under section 201(h)(1) of such Act (relating to imminent
      hazards to the public safety), except as follows:
          "(A) For purposes of any requirements that relate to the
        physical security of registered manufacturers and registered
        distributors, the final order shall treat such drug, when the
        drug is manufactured, distributed, or possessed in accordance
        with an exemption under section 505(i) of the Federal Food,
        Drug, and Cosmetic Act (21 U.S.C. 355(i)) (whether the
        exemption involved is authorized before, on, or after the date
        of the enactment of this Act (Feb. 18, 2000)), as being in the
        same schedule as that recommended by the Secretary of Health
        and Human Services for the drug when the drug is the subject of
        an authorized investigational new drug application (relating to
        such section 505(i)). The recommendation referred to in the
        preceding sentence is contained in the first paragraph of the
        letter transmitted on May 19, 1999, by such Secretary (acting
        through the Assistant Secretary for Health) to the Attorney
        General (acting through the Deputy Administrator of the Drug
        Enforcement Administration), which letter was in response to
        the letter transmitted by the Attorney General (acting through
        such Deputy Administrator) on September 16, 1997. In publishing
        the final order in the Federal Register, the Attorney General
        shall publish a copy of the letter that was transmitted by the
        Secretary of Health and Human Services.
          "(B) In the case of gamma hydroxybutyric acid that is
        contained in a drug product for which an application is
        approved under section 505 of the Federal Food, Drug, and
        Cosmetic Act (21 U.S.C. 355) (whether the application involved
        is approved before, on, or after the date of the enactment of
        this Act (Feb. 18, 2000)), the final order shall schedule such
        drug in the same schedule as that recommended by the Secretary
        of Health and Human Services for authorized formulations of the
        drug.  The recommendation referred to in the preceding sentence
        is contained in the last sentence of the fourth paragraph of
        the letter referred to in subparagraph (A) with respect to May
        19, 1999.
        "(2) Failure to issue order. - If the final order is not
      issued within the period specified in paragraph (1), gamma
      hydroxybutyric acid (together with its salts, isomers, and salts
      of isomers) is deemed to be scheduled under section 202(c) of the
      Controlled Substances Act (21 U.S.C. 812(c)) in accordance with
      the policies described in paragraph (1), as if the Attorney
      General had issued a final order in accordance with such
      paragraph."
         PLACEMENT OF PIPRADROL AND SPA IN SCHEDULE IV TO CARRY OUT
           OBLIGATION UNDER CONVENTION ON PSYCHOTROPIC SUBSTANCES
      Section 102(c) of Pub. L. 95-633 provided that: "For the purpose
    of carrying out the minimum United States obligations under
    paragraph 7 of article 2 of the Convention on Psychotropic
    Substances, signed at Vienna, Austria, on February 21, 1971, with
    respect to pipradrol and SPA (also known as
    (-)-1-dimethylamino-1,2-diphenylethane), the Attorney General shall
    by order, made without regard to sections 201 and 202 of the
    Controlled Substances Act (this section and section 811 of this
    title), place such drugs in schedule IV of such Act (see subsec.
    (c) of this section)."
      Provision of section 102(c) of Pub. L. 95-633, set out above,
    effective on the date the Convention on Psychotropic Substances
    enters into force in the United States (July 15, 1980), see section
    112 of Pub. L. 95-633, set out as an Effective Date note under
    section 801a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 384, 811, 1115, 1523,
    1703 of this title; title 10 section 912a; title 19 section 2484;
    title 20 section 1415; title 29 sections 705, 2006; title 41
    section 706; title 42 sections 12111, 12210.
 
-CITE-
    21 USC Sec. 813                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part B - Authority To Control; Standards and Schedules
 
-HEAD-
    Sec. 813. Treatment of controlled substance analogues
 
-STATUTE-
      A controlled substance analogue shall, to the extent intended for
    human consumption, be treated, for the purposes of any Federal law
    as a controlled substance in schedule I.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 203, as added Pub. L. 99-570, title
    I, Sec. 1202, Oct. 27, 1986, 100 Stat. 3207-13; amended Pub. L.
    100-690, title VI, Sec. 6470(c), Nov. 18, 1988, 102 Stat. 4378.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Schedule I, referred to in text, is set out in section 812(c) of
    this title.
 
-MISC2-
                                 AMENDMENTS
      1988 - Pub. L. 100-690 substituted "any Federal law" for "this
    subchapter and subchapter II of this chapter".
 
-CITE-
    21 USC Sec. 814                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part B - Authority To Control; Standards and Schedules
 
-HEAD-
    Sec. 814. Removal of exemption of certain drugs
 
-STATUTE-
    (a) Removal of exemption
      The Attorney General shall by regulation remove from exemption
    under section 802(39)(A)(iv) of this title a drug or group of drugs
    that the Attorney General finds is being diverted to obtain a
    listed chemical for use in the illicit production of a controlled
    substance.
    (b) Factors to be considered
      In removing a drug or group of drugs from exemption under
    subsection (a) of this section, the Attorney General shall
    consider, with respect to a drug or group of drugs that is proposed
    to be removed from exemption -
        (1) the scope, duration, and significance of the diversion;
        (2) whether the drug or group of drugs is formulated in such a
      way that it cannot be easily used in the illicit production of a
      controlled substance; and
        (3) whether the listed chemical can be readily recovered from
      the drug or group of drugs.
    (c) Specificity of designation
      The Attorney General shall limit the designation of a drug or a
    group of drugs removed from exemption under subsection (a) of this
    section to the most particularly identifiable type of drug or group
    of drugs for which evidence of diversion exists unless there is
    evidence, based on the pattern of diversion and other relevant
    factors, that the diversion will not be limited to that particular
    drug or group of drugs.
    (d) Reinstatement of exemption with respect to particular drug
        products
      (1) Reinstatement
        On application by a manufacturer of a particular drug product
      that has been removed from exemption under subsection (a) of this
      section, the Attorney General shall by regulation reinstate the
      exemption with respect to that particular drug product if the
      Attorney General determines that the particular drug product is
      manufactured and distributed in a manner that prevents diversion.
      (2) Factors to be considered
        In deciding whether to reinstate the exemption with respect to
      a particular drug product under paragraph (1), the Attorney
      General shall consider -
          (A) the package sizes and manner of packaging of the drug
        product;
          (B) the manner of distribution and advertising of the drug
        product;
          (C) evidence of diversion of the drug product;
          (D) any actions taken by the manufacturer to prevent
        diversion of the drug product; and
          (E) such other factors as are relevant to and consistent with
        the public health and safety, including the factors described
        in subsection (b) of this section as applied to the drug
        product.
      (3) Status pending application for reinstatement
        A transaction involving a particular drug product that is the
      subject of a bona fide pending application for reinstatement of
      exemption filed with the Attorney General not later than 60 days
      after a regulation removing the exemption is issued pursuant to
      subsection (a) of this section shall not be considered to be a
      regulated transaction if the transaction occurs during the
      pendency of the application and, if the Attorney General denies
      the application, during the period of 60 days following the date
      on which the Attorney General denies the application, unless -
          (A) the Attorney General has evidence that, applying the
        factors described in subsection (b) of this section to the drug
        product, the drug product is being diverted; and
          (B) the Attorney General so notifies the applicant.
      (4) Amendment and modification
        A regulation reinstating an exemption under paragraph (1) may
      be modified or revoked with respect to a particular drug product
      upon a finding that -
          (A) applying the factors described in subsection (b) of this
        section to the drug product, the drug product is being
        diverted; or
          (B) there is a significant change in the data that led to the
        issuance of the regulation.
    (e) Reinstatement of exemption with respect to ephedrine,
        pseudoephedrine, and phenylpropanolamine drug products
      Pursuant to subsection (d)(1) of this section, the Attorney
    General shall by regulation reinstate the exemption with respect to
    a particular ephedrine, pseudoephedrine, or phenylpropanolamine
    drug product if the Attorney General determines that the drug
    product is manufactured and distributed in a manner that prevents
    diversion.  In making this determination the Attorney General shall
    consider the factors listed in subsection (d)(2) of this section.
    Any regulation issued pursuant to this subsection may be amended or
    revoked based on the factors listed in subsection (d)(4) of this
    section.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 204, as added Pub. L. 103-200, Sec.
    2(b)(1), Dec. 17, 1993, 107 Stat. 2334; amended Pub. L. 104-237,
    title IV, Sec. 401(c), Oct. 3, 1996, 110 Stat. 3108.)
 
-MISC1-
                                 AMENDMENTS
      1996 - Subsec. (e). Pub. L. 104-237 added subsec. (e).
                      EFFECTIVE DATE OF 1996 AMENDMENT
      Amendment by Pub. L. 104-237 not applicable to sale of any
    pseudoephedrine or phenylpropanolamine product prior to 12 months
    after Oct. 3, 1996, except that, on application of manufacturer of
    particular drug product, Attorney General may exercise sole and
    judicially unreviewable discretion to extend such effective date up
    to additional 6 months, see section 401(g) of Pub. L. 104-237, set
    out as a note under section 802 of this title.
                               EFFECTIVE DATE
      Section effective on date that is 120 days after Dec. 17, 1993,
    see section 11 of Pub. L. 103-200, set out as an Effective Date of
    1993 Amendment note under section 802 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 802 of this title.
 
-CITE-
    21 USC Part C - Registration of Manufacturers,
                  Distributors, and Dispensers of Controlled
                  Substances                                     01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part C - Registration of Manufacturers, Distributors, and
         Dispensers of Controlled Substances
    .
 
-HEAD-
    Part C - Registration of Manufacturers, Distributors, and
    Dispensers of Controlled Substances
 
-SECREF-
                     PART REFERRED TO IN OTHER SECTIONS
      This part is referred to in section 811 of this title; title 48
    section 1972.
 
-CITE-
    21 USC Sec. 821                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part C - Registration of Manufacturers, Distributors, and
         Dispensers of Controlled Substances
 
-HEAD-
    Sec. 821. Rules and regulations
 
-STATUTE-
      The Attorney General is authorized to promulgate rules and
    regulations and to charge reasonable fees relating to the
    registration and control of the manufacture, distribution, and
    dispensing of controlled substances and to the registration and
    control of regulated persons and of regulated transactions.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 301, Oct. 27, 1970, 84 Stat. 1253;
    Pub. L. 103-200, Sec. 3(a), Dec. 17, 1993, 107 Stat. 2336.)
 
-MISC1-
                                 AMENDMENTS
      1993 - Pub. L. 103-200 inserted before period at end "and to the
    registration and control of regulated persons and of regulated
    transactions".
                      EFFECTIVE DATE OF 1993 AMENDMENT
      Amendment by Pub. L. 103-200 effective on date that is 120 days
    after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
    a note under section 802 of this title.
 
-CITE-
    21 USC Sec. 822                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part C - Registration of Manufacturers, Distributors, and
         Dispensers of Controlled Substances
 
-HEAD-
    Sec. 822. Persons required to register
 
-STATUTE-
    (a) Period of registration
      (1) Every person who manufactures or distributes any controlled
    substance or list I chemical, or who proposes to engage in the
    manufacture or distribution of any controlled substance or list I
    chemical, shall obtain annually a registration issued by the
    Attorney General in accordance with the rules and regulations
    promulgated by him.
      (2) Every person who dispenses, or who proposes to dispense, any
    controlled substance, shall obtain from the Attorney General a
    registration issued in accordance with the rules and regulations
    promulgated by him.  The Attorney General shall, by regulation,
    determine the period of such registrations.  In no event, however,
    shall such registrations be issued for less than one year nor for
    more than three years.
    (b) Authorized activities
      Persons registered by the Attorney General under this subchapter
    to manufacture, distribute, or dispense controlled substances or
    list I chemicals are authorized to possess, manufacture,
    distribute, or dispense such substances or chemicals (including any
    such activity in the conduct of research) to the extent authorized
    by their registration and in conformity with the other provisions
    of this subchapter.
    (c) Exceptions
      The following persons shall not be required to register and may
    lawfully possess any controlled substance or list I chemical under
    this subchapter:
        (1) An agent or employee of any registered manufacturer,
      distributor, or dispenser of any controlled substance or list I
      chemical if such agent or employee is acting in the usual course
      of his business or employment.
        (2) A common or contract carrier or warehouseman, or an
      employee thereof, whose possession of the controlled substance or
      list I chemical is in the usual course of his business or
      employment.
        (3) An ultimate user who possesses such substance for a purpose
      specified in section 802(25) (FOOTNOTE 1) of this title.
       (FOOTNOTE 1) See References in Text note below.
    (d) Waiver
      The Attorney General may, by regulation, waive the requirement
    for registration of certain manufacturers, distributors, or
    dispensers if he finds it consistent with the public health and
    safety.
    (e) Separate registration
      A separate registration shall be required at each principal place
    of business or professional practice where the applicant
    manufactures, distributes, or dispenses controlled substances or
    list I chemicals.
    (f) Inspection
      The Attorney General is authorized to inspect the establishment
    of a registrant or applicant for registration in accordance with
    the rules and regulations promulgated by him.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 302, Oct. 27, 1970, 84 Stat. 1253;
    Pub. L. 98-473, title II, Sec. 510, Oct. 12, 1984, 98 Stat. 2072;
    Pub. L. 103-200, Sec. 3(b), Dec. 17, 1993, 107 Stat. 2336.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This subchapter, referred to in subsecs. (b) and (c), was in the
    original "this title", meaning title II of Pub. L. 91-513, Oct.
    27, 1970, 84 Stat. 1242, as amended, and is popularly known as the
    "Controlled Substances Act". For complete classification of title
    II to the Code, see second paragraph of Short Title note set out
    under section 801 of this title and Tables.
      Section 802(25) of this title, referred to in subsec. (c)(3), was
    redesignated section 802(26) of this title by Pub. L. 98-473, title
    II, Sec. 507(a), Oct. 12, 1984, 98 Stat. 2071, and was further
    redesignated section 802(27) of this title by Pub. L. 99-570, title
    I, Sec. 1003(b)(2), Oct. 27, 1986, 100 Stat. 3207-6.
 
-MISC2-
                                 AMENDMENTS
      1993 - Subsec. (a)(1). Pub. L. 103-200, Sec. 3(b)(1), inserted
    "or list I chemical" after "controlled substance" in two
    places.
      Subsec. (b). Pub. L. 103-200, Sec. 3(b)(2), inserted "or list I
    chemicals" after "controlled substances" and "or chemicals"
    after "such substances".
      Subsec. (c). Pub. L. 103-200, Sec. 3(b)(3), inserted "or list I
    chemical" after "controlled substance" wherever appearing.
      Subsec. (e). Pub. L. 103-200, Sec. 3(b)(4), inserted "or list I
    chemicals" after "controlled substances".
      1984 - Subsec. (a). Pub. L. 98-473 designated existing provisions
    as par. (1), struck out provisions relating to dispensing
    controlled substances, and added par. (2).
                      EFFECTIVE DATE OF 1993 AMENDMENT
      Amendment by Pub. L. 103-200 effective on date that is 120 days
    after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
    a note under section 802 of this title.
                          PROVISIONAL REGISTRATION
      Section 703 of Pub. L. 91-513, as amended by Pub. L. 99-514, Sec.
    2, Oct. 22, 1986, 100 Stat. 2095, provided that:
      "(a)(1) Any person who -
        "(A) is engaged in manufacturing, distributing, or dispensing
      any controlled substance on the day before the effective date of
      section 302 (this section), and
        "(B) is registered on such day under section 510 of the
      Federal Food, Drug, and Cosmetic Act (section 360 of this title)
      or under section 4722 of the Internal Revenue Code of 1986
      (formerly I.R.C. 1954, section 4722 of Title 26),
    shall, with respect to each establishment for which such
    registration is in effect under any such section, be deemed to have
    a provisional registration under section 303 (section 823 of this
    title) for the manufacture, distribution, or dispensing (as the
    case may be) of controlled substances.
      "(2) During the period his provisional registration is in effect
    under this section, the registration number assigned such person
    under such section 510 (section 360 of this title) or under such
    section 4722 (section 4722 of Title 26) (as the case may be) shall
    be his registration number for purposes of section 303 of this
    title (section 823 of this title).
      "(b) The provisions of section 304 (section 824 of this title),
    relating to suspension and revocation of registration, shall apply
    to a provisional registration under this section.
      "(c) Unless sooner suspended or revoked under subsection (b), a
    provisional registration of a person under subsection (a)(1) of
    this section shall be in effect until -
        "(1) the date on which such person has registered with the
      Attorney General under section 303 (section 823 of this title) or
      has had his registration denied under such section, or
        "(2) such date as may be prescribed by the Attorney General
      for registration of manufacturers, distributors, or dispensers,
      as the case may be,
    whichever occurs first."
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 827, 828, 880, 958, 965
    of this title; title 18 section 2118.
 
-CITE-
    21 USC Sec. 823                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part C - Registration of Manufacturers, Distributors, and
         Dispensers of Controlled Substances
 
-HEAD-
    Sec. 823. Registration requirements
 
-STATUTE-
    (a) Manufacturers of controlled substances in schedule I or II
      The Attorney General shall register an applicant to manufacture
    controlled substances in schedule I or II if he determines that
    such registration is consistent with the public interest and with
    United States obligations under international treaties,
    conventions, or protocols in effect on May 1, 1971. In determining
    the public interest, the following factors shall be considered:
        (1) maintenance of effective controls against diversion of
      particular controlled substances and any controlled substance in
      schedule I or II compounded therefrom into other than legitimate
      medical, scientific, research, or industrial channels, by
      limiting the importation and bulk manufacture of such controlled
      substances to a number of establishments which can produce an
      adequate and uninterrupted supply of these substances under
      adequately competitive conditions for legitimate medical,
      scientific, research, and industrial purposes;
        (2) compliance with applicable State and local law;
        (3) promotion of technical advances in the art of manufacturing
      these substances and the development of new substances;
        (4) prior conviction record of applicant under Federal and
      State laws relating to the manufacture, distribution, or
      dispensing of such substances;
        (5) past experience in the manufacture of controlled
      substances, and the existence in the establishment of effective
      control against diversion; and
        (6) such other factors as may be relevant to and consistent
      with the public health and safety.
    (b) Distributors of controlled substances in schedule I or II
      The Attorney General shall register an applicant to distribute a
    controlled substance in schedule I or II unless he determines that
    the issuance of such registration is inconsistent with the public
    interest.  In determining the public interest, the following
    factors shall be considered:
        (1) maintenance of effective control against diversion of
      particular controlled substances into other than legitimate
      medical, scientific, and industrial channels;
        (2) compliance with applicable State and local law;
        (3) prior conviction record of applicant under Federal or State
      laws relating to the manufacture, distribution, or dispensing of
      such substances;
        (4) past experience in the distribution of controlled
      substances; and
        (5) such other factors as may be relevant to and consistent
      with the public health and safety.
    (c) Limits of authorized activities
      Registration granted under subsections (a) and (b) of this
    section shall not entitle a registrant to (1) manufacture or
    distribute controlled substances in schedule I or II other than
    those specified in the registration, or (2) manufacture any
    quantity of those controlled substances in excess of the quota
    assigned pursuant to section 826 of this title.
    (d) Manufacturers of controlled substances in schedule III, IV, or
        V
      The Attorney General shall register an applicant to manufacture
    controlled substances in schedule III, IV, or V, unless he
    determines that the issuance of such registration is inconsistent
    with the public interest.  In determining the public interest, the
    following factors shall be considered:
        (1) maintenance of effective controls against diversion of
      particular controlled substances and any controlled substance in
      schedule III, IV, or V compounded therefrom into other than
      legitimate medical, scientific, or industrial channels;
        (2) compliance with applicable State and local law;
        (3) promotion of technical advances in the art of manufacturing
      these substances and the development of new substances;
        (4) prior conviction record of applicant under Federal or State
      laws relating to the manufacture, distribution, or dispensing of
      such substances;
        (5) past experience in the manufacture, distribution, and
      dispensing of controlled substances, and the existence in the
      establishment of effective controls against diversion; and
        (6) such other factors as may be relevant to and consistent
      with the public health and safety.
    (e) Distributors of controlled substances in schedule III, IV, or V
      The Attorney General shall register an applicant to distribute
    controlled substances in schedule III, IV, or V, unless he
    determines that the issuance of such registration is inconsistent
    with the public interest.  In determining the public interest, the
    following factors shall be considered:
        (1) maintenance of effective controls against diversion of
      particular controlled substances into other than legitimate
      medical, scientific, and industrial channels;
        (2) compliance with applicable State and local law;
        (3) prior conviction record of applicant under Federal or State
      laws relating to the manufacture, distribution, or dispensing of
      such substances;
        (4) past experience in the distribution of controlled
      substances; and
        (5) such other factors as may be relevant to and consistent
      with the public health and safety.
    (f) Research by practitioners; pharmacies; research applications;
        construction of Article 7 of the Convention on Psychotropic
        Substances
      The Attorney General shall register practitioners (including
    pharmacies, as distinguished from pharmacists) to dispense, or
    conduct research with, controlled substances in schedule II, III,
    IV, or V, if the applicant is authorized to dispense, or conduct
    research with respect to, controlled substances under the laws of
    the State in which he practices.  The Attorney General may deny an
    application for such registration if he determines that the
    issuance of such registration would be inconsistent with the public
    interest.  In determining the public interest, the following
    factors shall be considered:
        (1) The recommendation of the appropriate State licensing board
      or professional disciplinary authority.
        (2) The applicant's experience in dispensing, or conducting
      research with respect to controlled substances.
        (3) The applicant's conviction record under Federal or State
      laws relating to the manufacture, distribution, or dispensing of
      controlled substances.
        (4) Compliance with applicable State, Federal, or local laws
      relating to controlled substances.
        (5) Such other conduct which may threaten the public health and
      safety.
    Separate registration under this part for practitioners engaging in
    research with controlled substances in schedule II, III, IV, or V,
    who are already registered under this part in another capacity,
    shall not be required.  Registration applications by practitioners
    wishing to conduct research with controlled substances in schedule
    I shall be referred to the Secretary, who shall determine the
    qualifications and competency of each practitioner requesting
    registration, as well as the merits of the research protocol.  The
    Secretary, in determining the merits of each research protocol,
    shall consult with the Attorney General as to effective procedures
    to adequately safeguard against diversion of such controlled
    substances from legitimate medical or scientific use.  Registration
    for the purpose of bona fide research with controlled substances in
    schedule I by a practitioner deemed qualified by the Secretary may
    be denied by the Attorney General only on a ground specified in
    section 824(a) of this title.  Article 7 of the Convention on
    Psychotropic Substances shall not be construed to prohibit, or
    impose additional restrictions upon, research involving drugs or
    other substances scheduled under the convention which is conducted
    in conformity with this subsection and other applicable provisions
    of this subchapter.
    (g) Practitioners dispensing narcotic drugs for narcotic treatment;
        annual registration; separate registration; qualifications;
        waiver
      (1) Except as provided in paragraph (2), practitioners who
    dispense narcotic drugs to individuals for maintenance treatment or
    detoxification treatment shall obtain annually a separate
    registration for that purpose.  The Attorney General shall register
    an applicant to dispense narcotic drugs to individuals for
    maintenance treatment or detoxification treatment (or both)
        (A) if the applicant is a practitioner who is determined by the
      Secretary to be qualified (under standards established by the
      Secretary) to engage in the treatment with respect to which
      registration is sought;
        (B) if the Attorney General determines that the applicant will
      comply with standards established by the Attorney General
      respecting (i) security of stocks of narcotic drugs for such
      treatment, and (ii) the maintenance of records (in accordance
      with section 827 of this title) on such drugs; and
        (C) if the Secretary determines that the applicant will comply
      with standards established by the Secretary (after consultation
      with the Attorney General) respecting the quantities of narcotic
      drugs which may be provided for unsupervised use by individuals
      in such treatment.
      (2)(A) Subject to subparagraphs (D) and (J), the requirements of
    paragraph (1) are waived in the case of the dispensing (including
    the prescribing), by a practitioner, of narcotic drugs in schedule
    III, IV, or V or combinations of such drugs if the practitioner
    meets the conditions specified in subparagraph (B) and the narcotic
    drugs or combinations of such drugs meet the conditions specified
    in subparagraph (C).
      (B) For purposes of subparagraph (A), the conditions specified in
    this subparagraph with respect to a practitioner are that, before
    the initial dispensing of narcotic drugs in schedule III, IV, or V
    or combinations of such drugs to patients for maintenance or
    detoxification treatment, the practitioner submit to the Secretary
    a notification of the intent of the practitioner to begin
    dispensing the drugs or combinations for such purpose, and that the
    notification contain the following certifications by the
    practitioner:
        (i) The practitioner is a qualifying physician (as defined in
      subparagraph (G)).
        (ii) With respect to patients to whom the practitioner will
      provide such drugs or combinations of drugs, the practitioner has
      the capacity to refer the patients for appropriate counseling and
      other appropriate ancillary services.
        (iii) In any case in which the practitioner is not in a group
      practice, the total number of such patients of the practitioner
      at any one time will not exceed the applicable number.  For
      purposes of this clause, the applicable number is 30, except that
      the Secretary may by regulation change such total number.
        (iv) In any case in which the practitioner is in a group
      practice, the total number of such patients of the group practice
      at any one time will not exceed the applicable number.  For
      purposes of this clause, the applicable number is 30, except that
      the Secretary may by regulation change such total number, and the
      Secretary for such purposes may by regulation establish different
      categories on the basis of the number of practitioners in a group
      practice and establish for the various categories different
      numerical limitations on the number of such patients that the
      group practice may have.
      (C) For purposes of subparagraph (A), the conditions specified in
    this subparagraph with respect to narcotic drugs in schedule III,
    IV, or V or combinations of such drugs are as follows:
        (i) The drugs or combinations of drugs have, under the Federal
      Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or section
      262 of title 42, been approved for use in maintenance or
      detoxification treatment.
        (ii) The drugs or combinations of drugs have not been the
      subject of an adverse determination.  For purposes of this
      clause, an adverse determination is a determination published in
      the Federal Register and made by the Secretary, after
      consultation with the Attorney General, that the use of the drugs
      or combinations of drugs for maintenance or detoxification
      treatment requires additional standards respecting the
      qualifications of practitioners to provide such treatment, or
      requires standards respecting the quantities of the drugs that
      may be provided for unsupervised use.
      (D)(i) A waiver under subparagraph (A) with respect to a
    practitioner is not in effect unless (in addition to conditions
    under subparagraphs (B) and (C)) the following conditions are met:
        (I) The notification under subparagraph (B) is in writing and
      states the name of the practitioner.
        (II) The notification identifies the registration issued for
      the practitioner pursuant to subsection (f) of this section.
        (III) If the practitioner is a member of a group practice, the
      notification states the names of the other practitioners in the
      practice and identifies the registrations issued for the other
      practitioners pursuant to subsection (f) of this section.
      (ii) Upon receiving a notification under subparagraph (B), the
    Attorney General shall assign the practitioner involved an
    identification number under this paragraph for inclusion with the
    registration issued for the practitioner pursuant to subsection (f)
    of this section.  The identification number so assigned shall be
    appropriate to preserve the confidentiality of patients for whom
    the practitioner has dispensed narcotic drugs under a waiver under
    subparagraph (A).
      (iii) Not later than 45 days after the date on which the
    Secretary receives a notification under subparagraph (B), the
    Secretary shall make a determination of whether the practitioner
    involved meets all requirements for a waiver under subparagraph
    (B). If the Secretary fails to make such determination by the end
    of the such 45-day period, the Attorney General shall assign the
    physician an identification number described in clause (ii) at the
    end of such period.
      (E)(i) If a practitioner is not registered under paragraph (1)
    and, in violation of the conditions specified in subparagraphs (B)
    through (D), dispenses narcotic drugs in schedule III, IV, or V or
    combinations of such drugs for maintenance treatment or
    detoxification treatment, the Attorney General may, for purposes of
    section 824(a)(4) of this title, consider the practitioner to have
    committed an act that renders the registration of the practitioner
    pursuant to subsection (f) of this section to be inconsistent with
    the public interest.
      (ii)(I) Upon the expiration of 45 days from the date on which the
    Secretary receives a notification under subparagraph (B), a
    practitioner who in good faith submits a notification under
    subparagraph (B) and reasonably believes that the conditions
    specified in subparagraphs (B) through (D) have been met shall, in
    dispensing narcotic drugs in schedule III, IV, or V or combinations
    of such drugs for maintenance treatment or detoxification
    treatment, be considered to have a waiver under subparagraph (A)
    until notified otherwise by the Secretary, except that such a
    practitioner may commence to prescribe or dispense such narcotic
    drugs for such purposes prior to the expiration of such 45-day
    period if it facilitates the treatment of an individual patient and
    both the Secretary and the Attorney General are notified by the
    practitioner of the intent to commence prescribing or dispensing
    such narcotic drugs.
      (II) For purposes of subclause (I), the publication in the
    Federal Register of an adverse determination by the Secretary
    pursuant to subparagraph (C)(ii) shall (with respect to the
    narcotic drug or combination involved) be considered to be a
    notification provided by the Secretary to practitioners, effective
    upon the expiration of the 30-day period beginning on the date on
    which the adverse determination is so published.
      (F)(i) With respect to the dispensing of narcotic drugs in
    schedule III, IV, or V or combinations of such drugs to patients
    for maintenance or detoxification treatment, a practitioner may, in
    his or her discretion, dispense such drugs or combinations for such
    treatment under a registration under paragraph (1) or a waiver
    under subparagraph (A) (subject to meeting the applicable
    conditions).
      (ii) This paragraph may not be construed as having any legal
    effect on the conditions for obtaining a registration under
    paragraph (1), including with respect to the number of patients who
    may be served under such a registration.
      (G) For purposes of this paragraph:
        (i) The term "group practice" has the meaning given such term
      in section 1395nn(h)(4) of title 42.
        (ii) The term "qualifying physician" means a physician who is
      licensed under State law and who meets one or more of the
      following conditions:
          (I) The physician holds a subspecialty board certification in
        addiction psychiatry from the American Board of Medical
        Specialties.
          (II) The physician holds an addiction certification from the
        American Society of Addiction Medicine.
          (III) The physician holds a subspecialty board certification
        in addiction medicine from the American Osteopathic
        Association.
          (IV) The physician has, with respect to the treatment and
        management of opiate-dependent patients, completed not less
        than eight hours of training (through classroom situations,
        seminars at professional society meetings, electronic
        communications, or otherwise) that is provided by the American
        Society of Addiction Medicine, the American Academy of
        Addiction Psychiatry, the American Medical Association, the
        American Osteopathic Association, the American Psychiatric
        Association, or any other organization that the Secretary
        determines is appropriate for purposes of this subclause.
          (V) The physician has participated as an investigator in one
        or more clinical trials leading to the approval of a narcotic
        drug in schedule III, IV, or V for maintenance or
        detoxification treatment, as demonstrated by a statement
        submitted to the Secretary by the sponsor of such approved
        drug.
          (VI) The physician has such other training or experience as
        the State medical licensing board (of the State in which the
        physician will provide maintenance or detoxification treatment)
        considers to demonstrate the ability of the physician to treat
        and manage opiate-dependent patients.
          (VII) The physician has such other training or experience as
        the Secretary considers to demonstrate the ability of the
        physician to treat and manage opiate-dependent patients.  Any
        criteria of the Secretary under this subclause shall be
        established by regulation.  Any such criteria are effective
        only for 3 years after the date on which the criteria are
        promulgated, but may be extended for such additional discrete
        3-year periods as the Secretary considers appropriate for
        purposes of this subclause.  Such an extension of criteria may
        only be effectuated through a statement published in the
        Federal Register by the Secretary during the 30-day period
        preceding the end of the 3-year period involved.
      (H)(i) In consultation with the Administrator of the Drug
    Enforcement Administration, the Administrator of the Substance
    Abuse and Mental Health Services Administration, the Director of
    the National Institute on Drug Abuse, and the Commissioner of Food
    and Drugs, the Secretary shall issue regulations (through notice
    and comment rulemaking) or issue practice guidelines to address the
    following:
        (I) Approval of additional credentialing bodies and the
      responsibilities of additional credentialing bodies.
        (II) Additional exemptions from the requirements of this
      paragraph and any regulations under this paragraph.
    Nothing in such regulations or practice guidelines may authorize
    any Federal official or employee to exercise supervision or control
    over the practice of medicine or the manner in which medical
    services are provided.
      (ii) Not later than 120 days after October 17, 2000, the
    Secretary shall issue a treatment improvement protocol containing
    best practice guidelines for the treatment and maintenance of
    opiate-dependent patients.  The Secretary shall develop the
    protocol in consultation with the Director of the National
    Institute on Drug Abuse, the Administrator of the Drug Enforcement
    Administration, the Commissioner of Food and Drugs, the
    Administrator of the Substance Abuse and Mental Health Services
    Administration and other substance abuse disorder professionals.
    The protocol shall be guided by science.
      (I) During the 3-year period beginning on October 17, 2000, a
    State may not preclude a practitioner from dispensing or
    prescribing drugs in schedule III, IV, or V, or combinations of
    such drugs, to patients for maintenance or detoxification treatment
    in accordance with this paragraph unless, before the expiration of
    that 3-year period, the State enacts a law prohibiting a
    practitioner from dispensing such drugs or combinations of drug.
    (FOOTNOTE 1)
       (FOOTNOTE 1) So in original.  Probably should be "plural".
      (J)(i) This paragraph takes effect on October 17, 2000, and
    remains in effect thereafter except as provided in clause (iii)
    (relating to a decision by the Secretary or the Attorney General
    that this paragraph should not remain in effect).
      (ii) For purposes relating to clause (iii), the Secretary and the
    Attorney General may, during the 3-year period beginning on October
    17, 2000, make determinations in accordance with the following:
        (I) The Secretary may make a determination of whether
      treatments provided under waivers under subparagraph (A) have
      been effective forms of maintenance treatment and detoxification
      treatment in clinical settings; may make a determination of
      whether such waivers have significantly increased (relative to
      the beginning of such period) the availability of maintenance
      treatment and detoxification treatment; and may make a
      determination of whether such waivers have adverse consequences
      for the public health.
        (II) The Attorney General may make a determination of the
      extent to which there have been violations of the numerical
      limitations established under subparagraph (B) for the number of
      individuals to whom a practitioner may provide treatment; may
      make a determination of whether waivers under subparagraph (A)
      have increased (relative to the beginning of such period) the
      extent to which narcotic drugs in schedule III, IV, or V or
      combinations of such drugs are being dispensed or possessed in
      violation of this chapter; and may make a determination of
      whether such waivers have adverse consequences for the public
      health.
      (iii) If, before the expiration of the period specified in clause
    (ii), the Secretary or the Attorney General publishes in the
    Federal Register a decision, made on the basis of determinations
    under such clause, that this paragraph should not remain in effect,
    this paragraph ceases to be in effect 60 days after the date on
    which the decision is so published.  The Secretary shall in making
    any such decision consult with the Attorney General, and shall in
    publishing the decision in the Federal Register include any
    comments received from the Attorney General for inclusion in the
    publication.  The Attorney General shall in making any such
    decision consult with the Secretary, and shall in publishing the
    decision in the Federal Register include any comments received from
    the Secretary for inclusion in the publication.
    (h) Applicants for distribution of list I chemicals
      The Attorney General shall register an applicant to distribute a
    list I chemical unless the Attorney General determines that
    registration of the applicant is inconsistent with the public
    interest.  Registration under this subsection shall not be required
    for the distribution of a drug product that is exempted under
    section 802(39)(A)(iv) of this title.  In determining the public
    interest for the purposes of this subsection, the Attorney General
    shall consider -
        (1) maintenance by the applicant of effective controls against
      diversion of listed chemicals into other than legitimate
      channels;
        (2) compliance by the applicant with applicable Federal, State,
      and local law;
        (3) any prior conviction record of the applicant under Federal
      or State laws relating to controlled substances or to chemicals
      controlled under Federal or State law;
        (4) any past experience of the applicant in the manufacture and
      distribution of chemicals; and
        (5) such other factors as are relevant to and consistent with
      the public health and safety.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 303, Oct. 27, 1970, 84 Stat. 1253;
    Pub. L. 93-281, Sec. 3, May 14, 1974, 88 Stat. 124; Pub. L. 95-633,
    title I, Sec. 109, Nov. 10, 1978, 92 Stat. 3773; Pub. L. 98-473,
    title II, Sec. 511, Oct. 12, 1984, 98 Stat. 2073; Pub. L. 103-200,
    Sec. 3(c), Dec. 17, 1993, 107 Stat. 2336; Pub. L. 106-310, div.  B,
    title XXXV, Sec. 3502(a), Oct. 17, 2000, 114 Stat. 1222.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Schedules I, II, III, IV, and V, referred to in subsecs. (a) to
    (f) and (g)(2), are set out in section 812(c) of this title.
      The Federal Food, Drug, and Cosmetic Act, referred to in subsec.
    (g)(2)(C)(i), is act June 25, 1938, ch. 675, 52 Stat. 1040, as
    amended, which is classified generally to chapter 9 (Sec. 301 et
    seq.) of this title.  For complete classification of this Act to
    the Code, see section 301 of this title and Tables.
      This chapter, referred to in subsec.(g)(2)(J)(ii)(II), was in the
    original "this Act", meaning Pub. L. 91-513, Oct. 27, 1970, 84
    Stat. 1236, as amended.  For complete classification of this Act to
    the Code, see Short Title note set out under section 801 of this
    title and Tables.
 
-MISC2-
                                 AMENDMENTS
      2000 - Subsec. (g). Pub. L. 106-310 designated existing
    provisions as par. (1), substituted "Except as provided in
    paragraph (2), practitioners who dispense" for "Practitioners who
    dispense", redesignated former pars. (1) to (3) as subpars. (A) to
    (C), respectively, of par. (1) and redesignated former subpars. (A)
    and (B) of former par. (2) as cls. (i) and (ii), respectively, of
    subpar. (B) of par. (1), and added par. (2).
      1993 - Subsec. (h). Pub. L. 103-200 added subsec. (h).
      1984 - Subsec. (f). Pub. L. 98-473 amended subsec. (f) generally,
    substituting provisions relating to registration authority of
    Attorney General respecting dispensation or conduct of research
    with controlled research, and separate authority of Secretary
    respecting registration, for provisions relating to general
    registration requirements respecting dispensation or conduct of
    research with controlled or nonnarcotic controlled substances.
      1978 - Subsec. (f). Pub. L. 95-633 inserted provision relating to
    the construction of the Convention on Psychotropic Substances.
      1974 - Subsec. (g). Pub. L. 93-281 added subsec. (g).
                      EFFECTIVE DATE OF 1993 AMENDMENT
      Amendment by Pub. L. 103-200 effective on date that is 120 days
    after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
    a note under section 802 of this title.
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-633 effective on date the Convention on
    Psychotropic Substances enters into force in the United States
    (July 15, 1980), see section 112 of Pub. L. 95-633, set out as an
    Effective Date note under section 801a of this title.
                          PROVISIONAL REGISTRATION
      For provisional registration of persons engaged in manufacturing,
    distributing, or dispensing of controlled substances on the day
    before the effective date of section 822 of this title who are
    registered on such date under section 360 of this title or section
    4722 of Title 26, Internal Revenue Code, see section 703 of Pub. L.
    91-513, set out as a note under section 822 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 824, 827, 828, 844, 880,
    952, 958, 965 of this title.
 
-CITE-
    21 USC Sec. 824                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part C - Registration of Manufacturers, Distributors, and
         Dispensers of Controlled Substances
 
-HEAD-
    Sec. 824. Denial, revocation, or suspension of registration
 
-STATUTE-
    (a) Grounds
      A registration pursuant to section 823 of this title to
    manufacture, distribute, or dispense a controlled substance or a
    list I chemical may be suspended or revoked by the Attorney General
    upon a finding that the registrant -
        (1) has materially falsified any application filed pursuant to
      or required by this subchapter or subchapter II of this chapter;
        (2) has been convicted of a felony under this subchapter or
      subchapter II of this chapter or any other law of the United
      States, or of any State, relating to any substance defined in
      this subchapter as a controlled substance or a list I chemical;
        (3) has had his State license or registration suspended,
      revoked, or denied by competent State authority and is no longer
      authorized by State law to engage in the manufacturing,
      distribution, or dispensing of controlled substances or list I
      chemicals or has had the suspension, revocation, or denial of his
      registration recommended by competent State authority;
        (4) has committed such acts as would render his registration
      under section 823 of this title inconsistent with the public
      interest as determined under such section; or
        (5) has been excluded (or directed to be excluded) from
      participation in a program pursuant to section 1320a-7(a) of
      title 42.
    A registration pursuant to section 823(g)(1) of this title to
    dispense a narcotic drug for maintenance treatment or
    detoxification treatment may be suspended or revoked by the
    Attorney General upon a finding that the registrant has failed to
    comply with any standard referred to in section 823(g)(1) of this
    title.
    (b) Limits of revocation or suspension
      The Attorney General may limit revocation or suspension of a
    registration to the particular controlled substance or list I
    chemical with respect to which grounds for revocation or suspension
    exist.
    (c) Service of show cause order; proceedings
      Before taking action pursuant to this section, or pursuant to a
    denial of registration under section 823 of this title, the
    Attorney General shall serve upon the applicant or registrant an
    order to show cause why registration should not be denied, revoked,
    or suspended.  The order to show cause shall contain a statement of
    the basis thereof and shall call upon the applicant or registrant
    to appear before the Attorney General at a time and place stated in
    the order, but in no event less than thirty days after the date of
    receipt of the order.  Proceedings to deny, revoke, or suspend
    shall be conducted pursuant to this section in accordance with
    subchapter II of chapter 5 of title 5. Such proceedings shall be
    independent of, and not in lieu of, criminal prosecutions or other
    proceedings under this subchapter or any other law of the United
    States.
    (d) Suspension of registration in cases of imminent danger
      The Attorney General may, in his discretion, suspend any
    registration simultaneously with the institution of proceedings
    under this section, in cases where he finds that there is an
    imminent danger to the public health or safety.  A failure to
    comply with a standard referred to in section 823(g)(1) of this
    title may be treated under this subsection as grounds for immediate
    suspension of a registration granted under such section.  A
    suspension under this subsection shall continue in effect until the
    conclusion of such proceedings, including judicial review thereof,
    unless sooner withdrawn by the Attorney General or dissolved by a
    court of competent jurisdiction.
    (e) Suspension and revocation of quotas
      The suspension or revocation of a registration under this section
    shall operate to suspend or revoke any quota applicable under
    section 826 of this title.
    (f) Disposition of controlled substances or list I chemicals
      In the event the Attorney General suspends or revokes a
    registration granted under section 823 of this title, all
    controlled substances or list I chemicals owned or possessed by the
    registrant pursuant to such registration at the time of suspension
    or the effective date of the revocation order, as the case may be,
    may, in the discretion of the Attorney General, be placed under
    seal.  No disposition may be made of any controlled substances or
    list I chemicals under seal until the time for taking an appeal has
    elapsed or until all appeals have been concluded except that a
    court, upon application therefor, may at any time order the sale of
    perishable controlled substances or list I chemicals.  Any such
    order shall require the deposit of the proceeds of the sale with
    the court.  Upon a revocation order becoming final, all such
    controlled substances or list I chemicals (or proceeds of sale
    deposited in court) shall be forfeited to the United States; and
    the Attorney General shall dispose of such controlled substances or
    list I chemicals in accordance with section 881(e) of this title.
    All right, title, and interest in such controlled substances or
    list I chemicals shall vest in the United States upon a revocation
    order becoming final.
    (g) Seizure or placement under seal of controlled substances or
        list I chemicals
      The Attorney General may, in his discretion, seize or place under
    seal any controlled substances or list I chemicals owned or
    possessed by a registrant whose registration has expired or who has
    ceased to practice or do business in the manner contemplated by his
    registration.  Such controlled substances or list I chemicals shall
    be held for the benefit of the registrant, or his successor in
    interest.  The Attorney General shall notify a registrant, or his
    successor in interest, who has any controlled substance or list I
    chemical seized or placed under seal of the procedures to be
    followed to secure the return of the controlled substance or list I
    chemical and the conditions under which it will be returned.  The
    Attorney General may not dispose of any controlled substance or
    list I chemical seized or placed under seal under this subsection
    until the expiration of one hundred and eighty days from the date
    such substance or chemical was seized or placed under seal.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 304, Oct. 27, 1970, 84 Stat. 1255;
    Pub. L. 93-281, Sec. 4, May 14, 1974, 88 Stat. 125; Pub. L. 98-473,
    title II, Sec. 304, 512, 513, Oct. 12, 1984, 98 Stat. 2050, 2073;
    Pub. L. 100-93, Sec. 8(j), Aug. 18, 1987, 101 Stat. 695; Pub. L.
    103-200, Sec. 3(d), Dec. 17, 1993, 107 Stat. 2337; Pub. L. 103-322,
    title XXXIII, Sec. 330024(e), Sept. 13, 1994, 108 Stat. 2151; Pub.
    L. 106-310, div.  B, title XXXV, Sec. 3502(b), Oct. 17, 2000, 114
    Stat. 1227.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This subchapter, referred to in subsec. (a)(1), (2), was in the
    original "this title", meaning title II of Pub. L. 91-513, Oct.
    27, 1970, 84 Stat. 1242, as amended, and is popularly known as the
    "Controlled Substances Act". For complete classification of title
    II to the Code, see second paragraph of Short Title note set out
    under section 801 of this title and Tables.
      Subchapter II of this chapter, referred to in subsec. (a)(1),
    (2), was in the original "title III", meaning title III of Pub.
    L. 91-513, Oct. 27, 1970, 84 Stat. 1285. Part A of title III
    comprises subchapter II of this chapter.  For classification of
    Part B, consisting of sections 1101 to 1105 of title III, see
    Tables.
 
-MISC2-
                                 AMENDMENTS
      2000 - Subsec. (a). Pub. L. 106-310, Sec. 3502(b)(1), substituted
    "section 823(g)(1) of this title" for "section 823(g) of this
    title" in two places in concluding provisions.
      Subsec. (d). Pub. L. 106-310, Sec. 3502(b)(2), substituted
    "section 823(g)(1) of this title" for "section 823(g) of this
    title".
      1994 - Subsec. (g). Pub. L. 103-322 inserted "or chemical"
    after "such substance" in last sentence.
      1993 - Subsec. (a). Pub. L. 103-200, Sec. 3(d)(1), inserted "or
    a list I chemical" after "controlled substance" in introductory
    provisions and par. (2) and inserted "or list I chemicals" after
    "controlled substances" in par. (3).
      Subsec. (b). Pub. L. 103-200, Sec. 3(d)(2), inserted "or list I
    chemical" after "controlled substance".
      Subsec. (f). Pub. L. 103-200, Sec. 3(d)(3), inserted "or list I
    chemicals" after "controlled substances" wherever appearing.
      Subsec. (g). Pub. L. 103-200, Sec. 3(d)(4), inserted "or list I
    chemicals" after "controlled substances" in two places and "or
    list I chemical" after "controlled substance" wherever
    appearing.
      1987 - Subsec. (a)(5). Pub. L. 100-93 added par. (5).
      1984 - Subsec. (a)(3). Pub. L. 98-473, Sec. 512(1), inserted
    provisions relating to suspension, etc., recommended by competent
    State authority.
      Subsec. (a)(4). Pub. L. 98-473, Sec. 512(2), added par. (4).
      Subsec. (f). Pub. L. 98-473, Sec. 304, inserted provisions
    relating to vesting of right, title, and interest in the United
    States.
      Subsec. (g). Pub. L. 98-473, Sec. 513, added subsec. (g).
      1974 - Subsec. (a). Pub. L. 93-281, Sec. 4(a), provided for
    revocation or suspension of a registration pursuant to section
    823(g) of this title for failure of a registrant to comply with
    standards referred to in such section 823(g).
      Subsec. (d). Pub. L. 93-281, Sec. 4(b), substituted "A
    suspension under this subsection" for "Such suspension" in third
    sentence.
                      EFFECTIVE DATE OF 1994 AMENDMENT
      Amendment by Pub. L. 103-322 effective 120 days after Dec. 17,
    1993, see section 330024(f) of Pub. L. 103-322, set out as a note
    under section 802 of this title.
                      EFFECTIVE DATE OF 1993 AMENDMENT
      Amendment by Pub. L. 103-200 effective on date that is 120 days
    after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
    a note under section 802 of this title.
                      EFFECTIVE DATE OF 1987 AMENDMENT
      Amendment by Pub. L. 100-93 effective at end of fourteen-day
    period beginning Aug. 18, 1987, and inapplicable to administrative
    proceedings commenced before end of such period, see section 15(a)
    of Pub. L. 100-93, set out as a note under section 1320a-7 of Title
    42, The Public Health and Welfare.
                          PROVISIONAL REGISTRATION
      Applicability of this section to provisional registrations, see
    section 703 of Pub. L. 91-513, set out as a note under section 822
    of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 823, 842 of this title;
    title 42 sections 1320a-7, 11152.
 
-CITE-
    21 USC Sec. 825                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part C - Registration of Manufacturers, Distributors, and
         Dispensers of Controlled Substances
 
-HEAD-
    Sec. 825. Labeling and packaging
 
-STATUTE-
    (a) Symbol
      It shall be unlawful to distribute a controlled substance in a
    commercial container unless such container, when and as required by
    regulations of the Attorney General, bears a label (as defined in
    section 321(k) of this title) containing an identifying symbol for
    such substance in accordance with such regulations.  A different
    symbol shall be required for each schedule of controlled
    substances.
    (b) Unlawful distribution without identifying symbol
      It shall be unlawful for the manufacturer of any controlled
    substance to distribute such substance unless the labeling (as
    defined in section 321(m) of this title) of such substance
    contains, when and as required by regulations of the Attorney
    General, the identifying symbol required under subsection (a) of
    this section.
    (c) Warning on label
      The Secretary shall prescribe regulations under section 353(b) of
    this title which shall provide that the label of a drug listed in
    schedule II, III, or IV shall, when dispensed to or for a patient,
    contain a clear, concise warning that it is a crime to transfer the
    drug to any person other than the patient.
    (d) Containers to be securely sealed
      It shall be unlawful to distribute controlled substances in
    schedule I or II, and narcotic drugs in schedule III or IV, unless
    the bottle or other container, stopper, covering, or wrapper
    thereof is securely sealed as required by regulations of the
    Attorney General.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 305, Oct. 27, 1970, 84 Stat. 1256.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Schedules I, II, III, and IV, referred to in subsecs. (c) and
    (d), are set out in section 812(c) of this title.
 
-MISC2-
                               EFFECTIVE DATE
      Section effective on first day of seventh calendar month that
    begins after Oct. 26, 1970, but with Attorney General authorized to
    postpone such effective date for such period as he might determine
    to be necessary for the efficient administration of this
    subchapter, see section 704(c) of Pub. L. 91-513, set out as a note
    under section 801 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 842, 958 of this title.
 
-CITE-
    21 USC Sec. 826                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part C - Registration of Manufacturers, Distributors, and
         Dispensers of Controlled Substances
 
-HEAD-
    Sec. 826. Production quotas for controlled substances
 
-STATUTE-
    (a) Establishment of total annual needs
      The Attorney General shall determine the total quantity and
    establish production quotas for each basic class of controlled
    substance in schedules I and II to be manufactured each calendar
    year to provide for the estimated medical, scientific, research,
    and industrial needs of the United States, for lawful export
    requirements, and for the establishment and maintenance of reserve
    stocks.  Production quotas shall be established in terms of
    quantities of each basic class of controlled substance and not in
    terms of individual pharmaceutical dosage forms prepared from or
    containing such a controlled substance.
    (b) Individual production quotas; revised quotas
      The Attorney General shall limit or reduce individual production
    quotas to the extent necessary to prevent the aggregate of
    individual quotas from exceeding the amount determined necessary
    each year by the Attorney General under subsection (a) of this
    section.  The quota of each registered manufacturer for each basic
    class of controlled substance in schedule I or II shall be revised
    in the same proportion as the limitation or reduction of the
    aggregate of the quotas.  However, if any registrant, before the
    issuance of a limitation or reduction in quota, has manufactured in
    excess of his revised quota, the amount of the excess shall be
    subtracted from his quota for the following year.
    (c) Manufacturing quotas for registered manufacturers
      On or before October 1 of each year, upon application therefor by
    a registered manufacturer, the Attorney General shall fix a
    manufacturing quota for the basic classes of controlled substances
    in schedules I and II that the manufacturer seeks to produce.  The
    quota shall be subject to the provisions of subsections (a) and (b)
    of this section.  In fixing such quotas, the Attorney General shall
    determine the manufacturer's estimated disposal, inventory, and
    other requirements for the calendar year; and, in making his
    determination, the Attorney General shall consider the
    manufacturer's current rate of disposal, the trend of the national
    disposal rate during the preceding calendar year, the
    manufacturer's production cycle and inventory position, the
    economic availability of raw materials, yield and stability
    problems, emergencies such as strikes and fires, and other factors.
    (d) Quotas for registrants who have not manufactured controlled
        substance during one or more preceding years
      The Attorney General shall, upon application and subject to the
    provisions of subsections (a) and (b) of this section, fix a quota
    for a basic class of controlled substance in schedule I or II for
    any registrant who has not manufactured that basic class of
    controlled substance during one or more preceding calendar years.
    In fixing such quota, the Attorney General shall take into account
    the registrant's reasonably anticipated requirements for the
    current year; and, in making his determination of such
    requirements, he shall consider such factors specified in
    subsection (c) of this section as may be relevant.
    (e) Quota increases
      At any time during the year any registrant who has applied for or
    received a manufacturing quota for a basic class of controlled
    substance in schedule I or II may apply for an increase in that
    quota to meet his estimated disposal, inventory, and other
    requirements during the remainder of that year.  In passing upon
    the application the Attorney General shall take into consideration
    any occurrences since the filing of the registrant's initial quota
    application that may require an increased manufacturing rate by the
    registrant during the balance of the year.  In passing upon the
    application the Attorney General may also take into account the
    amount, if any, by which the determination of the Attorney General
    under subsection (a) of this section exceeds the aggregate of the
    quotas of all registrants under this section.
    (f) Incidental production exception
      Notwithstanding any other provisions of this subchapter, no
    registration or quota may be required for the manufacture of such
    quantities of controlled substances in schedules I and II as
    incidentally and necessarily result from the manufacturing process
    used for the manufacture of a controlled substance with respect to
    which its manufacturer is duly registered under this subchapter.
    The Attorney General may, by regulation, prescribe restrictions on
    the retention and disposal of such incidentally produced
    substances.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 306, Oct. 27, 1970, 84 Stat. 1257;
    Pub. L. 94-273, Sec. 3(16), Apr. 21, 1976, 90 Stat. 377.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Schedules I and II, referred to in text, are set out in section
    812(c) of this title.
 
-MISC2-
                                 AMENDMENTS
      1976 - Subsec. (c). Pub. L. 94-273 substituted "October" for
    "July".
                               EFFECTIVE DATE
      Section effective on first day of seventh calendar month that
    begins after Oct. 26, 1970, but with Attorney General authorized to
    postpone such effective date for such period as he might determine
    to be necessary for the efficient administration of this
    subchapter, see section 704(c) of Pub. L. 91-513, set out as a note
    under section 801 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 823, 824, 842 of this
    title.
 
-CITE-
    21 USC Sec. 827                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part C - Registration of Manufacturers, Distributors, and
         Dispensers of Controlled Substances
 
-HEAD-
    Sec. 827. Records and reports of registrants
 
-STATUTE-
    (a) Inventory
      Except as provided in subsection (c) of this section -
        (1) every registrant under this subchapter shall, on May 1,
      1971, or as soon thereafter as such registrant first engages in
      the manufacture, distribution, or dispensing of controlled
      substances, and every second year thereafter, make a complete and
      accurate record of all stocks thereof on hand, except that the
      regulations prescribed under this section shall permit each such
      biennial inventory (following the initial inventory required by
      this paragraph) to be prepared on such registrant's regular
      general physical inventory date (if any) which is nearest to and
      does not vary by more than six months from the biennial date that
      would otherwise apply;
        (2) on the effective date of each regulation of the Attorney
      General controlling a substance that immediately prior to such
      date was not a controlled substance, each registrant under this
      subchapter manufacturing, distributing, or dispensing such
      substance shall make a complete and accurate record of all stocks
      thereof on hand; and
        (3) on and after May 1, 1971, every registrant under this
      subchapter manufacturing, distributing, or dispensing a
      controlled substance or substances shall maintain, on a current
      basis, a complete and accurate record of each such substance
      manufactured, received, sold, delivered, or otherwise disposed of
      by him, except that this paragraph shall not require the
      maintenance of a perpetual inventory.
    (b) Availability of records
      Every inventory or other record required under this section (1)
    shall be in accordance with, and contain such relevant information
    as may be required by, regulations of the Attorney General, (2)
    shall (A) be maintained separately from all other records of the
    registrant, or (B) alternatively, in the case of nonnarcotic
    controlled substances, be in such form that information required by
    the Attorney General is readily retrievable from the ordinary
    business records of the registrant, and (3) shall be kept and be
    available, for at least two years, for inspection and copying by
    officers or employees of the United States authorized by the
    Attorney General.
    (c) Nonapplicability
      The foregoing provisions of this section shall not apply -
        (1)(A) to the prescribing of controlled substances in schedule
      II, III, IV, or V by practitioners acting in the lawful course of
      their professional practice unless such substance is prescribed
      in the course of maintenance or detoxification treatment of an
      individual; or
        (B) to the administering of a controlled substance in schedule
      II, III, IV, or V unless the practitioner regularly engages in
      the dispensing or administering of controlled substances and
      charges his patients, either separately or together with charges
      for other professional services, for substances so dispensed or
      administered or unless such substance is administered in the
      course of maintenance treatment or detoxification treatment of an
      individual;
        (2)(A) to the use of controlled substances, at establishments
      registered under this subchapter which keep records with respect
      to such substances, in research conducted in conformity with an
      exemption granted under section 355(i) or 360b(j) of this title;
        (B) to the use of controlled substances, at establishments
      registered under this subchapter which keep records with respect
      to such substances, in preclinical research or in teaching; or
        (3) to the extent of any exemption granted to any person, with
      respect to all or part of such provisions, by the Attorney
      General by or pursuant to regulation on the basis of a finding
      that the application of such provisions (or part thereof) to such
      person is not necessary for carrying out the purposes of this
      subchapter.
    Nothing in the Convention on Psychotropic Substances shall be
    construed as superseding or otherwise affecting the provisions of
    paragraph (1)(B), (2), or (3) of this subsection.
    (d) Periodic reports to Attorney General
      Every manufacturer registered under section 823 of this title
    shall, at such time or times and in such form as the Attorney
    General may require, make periodic reports to the Attorney General
    of every sale, delivery or other disposal by him of any controlled
    substance, and each distributor shall make such reports with
    respect to narcotic controlled substances, identifying by the
    registration number assigned under this subchapter the person or
    establishment (unless exempt from registration under section 822(d)
    of this title) to whom such sale, delivery, or other disposal was
    made.
    (e) Reporting and recordkeeping requirements of drug conventions
      In addition to the reporting and recordkeeping requirements under
    any other provision of this subchapter, each manufacturer
    registered under section 823 of this title shall, with respect to
    narcotic and nonnarcotic controlled substances manufactured by it,
    make such reports to the Attorney General, and maintain such
    records, as the Attorney General may require to enable the United
    States to meet its obligations under articles 19 and 20 of the
    Single Convention on Narcotic Drugs and article 16 of the
    Convention on Psychotropic Substances. The Attorney General shall
    administer the requirements of this subsection in such a manner as
    to avoid the unnecessary imposition of duplicative requirements
    under this subchapter on manufacturers subject to the requirements
    of this subsection.
    (f) Investigational uses of drugs; procedures
      Regulations under sections 355(i) and 360(j) of this title,
    relating to investigational use of drugs, shall include such
    procedures as the Secretary, after consultation with the Attorney
    General, determines are necessary to insure the security and
    accountability of controlled substances used in research to which
    such regulations apply.
    (g) Change of address
      Every registrant under this subchapter shall be required to
    report any change of professional or business address in such
    manner as the Attorney General shall by regulation require.
    (h) Reporting requirements for GHB
      In the case of a drug product containing gamma hydroxybutyric
    acid for which an application has been approved under section 355
    of this title, the Attorney General may, in addition to any other
    requirements that apply under this section with respect to such a
    drug product, establish any of the following as reporting
    requirements:
        (1) That every person who is registered as a manufacturer of
      bulk or dosage form, as a packager, repackager, labeler,
      relabeler, or distributor shall report acquisition and
      distribution transactions quarterly, not later than the 15th day
      of the month succeeding the quarter for which the report is
      submitted, and annually report end-of-year inventories.
        (2) That all annual inventory reports shall be filed no later
      than January 15 of the year following that for which the report
      is submitted and include data on the stocks of the drug product,
      drug substance, bulk drug, and dosage forms on hand as of the
      close of business December 31, indicating whether materials
      reported are in storage or in process of manufacturing.
        (3) That every person who is registered as a manufacturer of
      bulk or dosage form shall report all manufacturing transactions
      both inventory increases, including purchases, transfers, and
      returns, and reductions from inventory, including sales,
      transfers, theft, destruction, and seizure, and shall provide
      data on material manufactured, manufactured from other material,
      use in manufacturing other material, and use in manufacturing
      dosage forms.
        (4) That all reports under this section must include the
      registered person's registration number as well as the
      registration numbers, names, and other identifying information of
      vendors, suppliers, and customers, sufficient to allow the
      Attorney General to track the receipt and distribution of the
      drug.
        (5) That each dispensing practitioner shall maintain for each
      prescription the name of the prescribing practitioner, the
      prescribing practitioner's Federal and State registration
      numbers, with the expiration dates of these registrations,
      verification that the prescribing practitioner possesses the
      appropriate registration to prescribe this controlled substance,
      the patient's name and address, the name of the patient's
      insurance provider and documentation by a medical practitioner
      licensed and registered to prescribe the drug of the patient's
      medical need for the drug.  Such information shall be available
      for inspection and copying by the Attorney General.
        (6) That section 830(b)(3) of this title (relating to mail
      order reporting) applies with respect to gamma hydroxybutyric
      acid to the same extent and in the same manner as such section
      applies with respect to the chemicals and drug products specified
      in subparagraph (A)(i) of such section.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 307, Oct. 27, 1970, 84 Stat. 1258;
    Pub. L. 93-281, Sec. 5, May 14, 1974, 88 Stat. 125; Pub. L. 95-633,
    title I, Sec. 104, 110, Nov. 10, 1978, 92 Stat. 3772, 3773; Pub. L.
    98-473, title II, Sec. 514, 515, Oct. 12, 1984, 98 Stat. 2074; Pub.
    L. 106-172, Sec. 4, Feb. 18, 2000, 114 Stat. 9.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Schedules II, III, IV, and V, referred to in subsec. (c), are set
    out in section 812(c) of this title.
 
-MISC2-
                                 AMENDMENTS
      2000 - Subsec. (h). Pub. L. 106-172 added subsec. (h).
      1984 - Subsec. (c)(1)(A). Pub. L. 98-473, Sec. 514(a),
    substituted "to the prescribing of controlled substances in
    schedule II, III, IV, or V by practitioners acting in the lawful
    course of their professional practice unless such substance is
    prescribed in the course of maintenance or detoxification treatment
    of an individual" for "with respect to any narcotic controlled
    substance in schedule II, III, IV, or V, to the prescribing or
    administering of such substance by a practitioner in the lawful
    course of his professional practice unless such substance was
    prescribed or administered in the course of maintenance treatment
    or detoxification treatment of an individual".
      Subsec. (c)(1)(B). Pub. L. 98-473, Sec. 514(b), substituted "to
    the administering of a controlled substance in schedule II, III,
    IV, or V unless the practitioner regularly engages in the
    dispensing or administering of controlled substances and charges
    his patients, either separately or together with charges for other
    professional services, for substances so dispensed or administered
    or unless such substance is administered in the course of
    maintenance treatment or detoxification treatment of an
    individual" for "with respect to nonnarcotic controlled
    substances in schedule II, III, IV, or V, to any practitioner who
    dispenses such substances to his patients, unless the practitioner
    is regularly engaged in charging his patients, either separately or
    together with charges for other professional services, for
    substances so dispensed".
      Subsec. (g). Pub. L. 98-473, Sec. 515, added subsec. (g).
      1978 - Subsec. (c). Pub. L. 95-633, Sec. 110, inserted provision
    following par. (3) relating to the construction of the Convention
    on Psychotropic Substances.
      Subsecs. (e), (f). Pub. L. 95-633 added subsec. (e) and
    redesignated former subsec. (e) as (f).
      1974 - Subsec. (c)(1)(A). Pub. L. 93-281 substituted "any
    narcotic controlled substance" for "narcotic controlled
    substances" and made section applicable to any narcotic controlled
    substance prescribed or administered in the course of maintenance
    treatment or detoxification treatment of an individual.
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-633 effective on date the Convention on
    Psychotropic Substances enters into force in the United States
    (July 15, 1980), see section 112 of Pub. L. 95-633, set out as an
    Effective Date note under section 801a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 823, 829, 902, 958 of
    this title.
 
-CITE-
    21 USC Sec. 828                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part C - Registration of Manufacturers, Distributors, and
         Dispensers of Controlled Substances
 
-HEAD-
    Sec. 828. Order forms
 
-STATUTE-
    (a) Unlawful distribution of controlled substances
      It shall be unlawful for any person to distribute a controlled
    substance in schedule I or II to another except in pursuance of a
    written order of the person to whom such substance is distributed,
    made on a form to be issued by the Attorney General in blank in
    accordance with subsection (d) of this section and regulations
    prescribed by him pursuant to this section.
    (b) Nonapplicability of provisions
      Nothing in subsection (a) of this section shall apply to -
        (1) the exportation of such substances from the United States
      in conformity with subchapter II of this chapter;
        (2) the delivery of such a substance to or by a common or
      contract carrier for carriage in the lawful and usual course of
      its business, or to or by a warehouseman for storage in the
      lawful and usual course of its business; but where such carriage
      or storage is in connection with the distribution by the owner of
      the substance to a third person, this paragraph shall not relieve
      the distributor from compliance with subsection (a) of this
      section.
    (c) Preservation and availability
      (1) Every person who in pursuance of an order required under
    subsection (a) of this section distributes a controlled substance
    shall preserve such order for a period of two years, and shall make
    such order available for inspection and copying by officers and
    employees of the United States duly authorized for that purpose by
    the Attorney General, and by officers or employees of States or
    their political subdivisions who are charged with the enforcement
    of State or local laws regulating the production, or regulating the
    distribution or dispensing, of controlled substances and who are
    authorized under such laws to inspect such orders.
      (2) Every person who gives an order required under subsection (a)
    of this section shall, at or before the time of giving such order,
    make or cause to be made a duplicate thereof on a form to be issued
    by the Attorney General in blank in accordance with subsection (d)
    of this section and regulations prescribed by him pursuant to this
    section, and shall, if such order is accepted, preserve such
    duplicate for a period of two years and make it available for
    inspection and copying by the officers and employees mentioned in
    paragraph (1) of this subsection.
    (d) Issuance
      (1) The Attorney General shall issue forms pursuant to
    subsections (a) and (c)(2) of this section only to persons validly
    registered under section 823 of this title (or exempted from
    registration under section 822(d) of this title).  Whenever any
    such form is issued to a person, the Attorney General shall, before
    delivery thereof, insert therein the name of such person, and it
    shall be unlawful for any other person (A) to use such form for the
    purpose of obtaining controlled substances or (B) to furnish such
    form to any person with intent thereby to procure the distribution
    of such substances.
      (2) The Attorney General may charge reasonable fees for the
    issuance of such forms in such amounts as he may prescribe for the
    purpose of covering the cost to the United States of issuing such
    forms, and other necessary activities in connection therewith.
    (e) Unlawful acts
      It shall be unlawful for any person to obtain by means of order
    forms issued under this section controlled substances for any
    purpose other than their use, distribution, dispensing, or
    administration in the conduct of a lawful business in such
    substances or in the course of his professional practice or
    research.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 308, Oct. 27, 1970, 84 Stat. 1259.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Schedules I and II, referred to in subsec. (a), are set out in
    section 812(c) of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 843 of this title.
 
-CITE-
    21 USC Sec. 829                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part C - Registration of Manufacturers, Distributors, and
         Dispensers of Controlled Substances
 
-HEAD-
    Sec. 829. Prescriptions
 
-STATUTE-
    (a) Schedule II substances
      Except when dispensed directly by a practitioner, other than a
    pharmacist, to an ultimate user, no controlled substance in
    schedule II, which is a prescription drug as determined under the
    Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), may
    be dispensed without the written prescription of a practitioner,
    except that in emergency situations, as prescribed by the Secretary
    by regulation after consultation with the Attorney General, such
    drug may be dispensed upon oral prescription in accordance with
    section 503(b) of that Act (21 U.S.C. 353(b)). Prescriptions shall
    be retained in conformity with the requirements of section 827 of
    this title.  No prescription for a controlled substance in schedule
    II may be refilled.
    (b) Schedule III and IV substances
      Except when dispensed directly by a practitioner, other than a
    pharmacist, to an ultimate user, no controlled substance in
    schedule III or IV, which is a prescription drug as determined
    under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
    seq.), may be dispensed without a written or oral prescription in
    conformity with section 503(b) of that Act (21 U.S.C. 353(b)). Such
    prescriptions may not be filled or refilled more than six months
    after the date thereof or be refilled more than five times after
    the date of the prescription unless renewed by the practitioner.
    (c) Schedule V substances
      No controlled substance in schedule V which is a drug may be
    distributed or dispensed other than for a medical purpose.
    (d) Non-prescription drugs with abuse potential
      Whenever it appears to the Attorney General that a drug not
    considered to be a prescription drug under the Federal Food, Drug,
    and Cosmetic Act (21 U.S.C. 301 et seq.) should be so considered
    because of its abuse potential, he shall so advise the Secretary
    and furnish to him all available data relevant thereto.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 309, Oct. 27, 1970, 84 Stat. 1260.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Food, Drug, and Cosmetic Act, referred to in subsecs.
    (a), (b), and (d), is act June 25, 1938, ch. 675, 52 Stat. 1040, as
    amended, which is classified generally to chapter 9 (Sec. 301 et
    seq.) of this title.  For complete classification of this Act to
    the Code, see section 301 of this title and Tables.
      Schedules II, III, IV, and V, referred to in subsecs. (a) to (c),
    are set out in section 812(c) of this title.
 
-MISC2-
                   EFFECT OF SCHEDULING ON PRESCRIPTIONS
      Pub. L. 101-647, title XIX, Sec. 1902(c), Nov. 29, 1990, 104
    Stat. 4852, provided that: "Any prescription for anabolic steroids
    subject to refill on or after the date of enactment of the
    amendments made by this section (Nov. 29, 1990) may be refilled
    without restriction under section 309(a) of the Controlled
    Substances Act (21 U.S.C. 829(a))."
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 842, 902 of this title.
 
-CITE-
    21 USC Sec. 830                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part C - Registration of Manufacturers, Distributors, and
         Dispensers of Controlled Substances
 
-HEAD-
    Sec. 830. Regulation of listed chemicals and certain machines
 
-STATUTE-
    (a) Record of regulated transactions
      (1) Each regulated person who engages in a regulated transaction
    involving a listed chemical, a tableting machine, or an
    encapsulating machine shall keep a record of the transaction for
    two years after the date of the transaction.
      (2) A record under this subsection shall be retrievable and shall
    include the date of the regulated transaction, the identity of each
    party to the regulated transaction, a statement of the quantity and
    form of the listed chemical, a description of the tableting machine
    or encapsulating machine, and a description of the method of
    transfer.  Such record shall be available for inspection and
    copying by the Attorney General.
      (3) It is the duty of each regulated person who engages in a
    regulated transaction to identify each other party to the
    transaction.  It is the duty of such other party to present proof
    of identity to the regulated person.  The Attorney General shall
    specify by regulation the types of documents and other evidence
    that constitute proof of identity for purposes of this paragraph.
    (b) Reports to Attorney General
      (1) Each regulated person shall report to the Attorney General,
    in such form and manner as the Attorney General shall prescribe by
    regulation -
        (A) any regulated transaction involving an extraordinary
      quantity of a listed chemical, an uncommon method of payment or
      delivery, or any other circumstance that the regulated person
      believes may indicate that the listed chemical will be used in
      violation of this subchapter;
        (B) any proposed regulated transaction with a person whose
      description or other identifying characteristic the Attorney
      General furnishes in advance to the regulated person;
        (C) any unusual or excessive loss or disappearance of a listed
      chemical under the control of the regulated person; and
        (D) any regulated transaction in a tableting machine or an
      encapsulating machine.
    Each report under subparagraph (A) shall be made at the earliest
    practicable opportunity after the regulated person becomes aware of
    the circumstance involved.  A regulated person may not complete a
    transaction with a person whose description or identifying
    characteristic is furnished to the regulated person under
    subparagraph (B) unless the transaction is approved by the Attorney
    General. The Attorney General shall make available to regulated
    persons guidance documents describing transactions and
    circumstances for which reports are required under subparagraph (A)
    and subparagraph (C).
      (2) A regulated person that manufactures a listed chemical shall
    report annually to the Attorney General, in such form and manner
    and containing such specific data as the Attorney General shall
    prescribe by regulation, information concerning listed chemicals
    manufactured by the person.  The requirement of the preceding
    sentence shall not apply to the manufacture of a drug product that
    is exempted under section 802(39)(A)(iv) of this title.
      (3) Mail order reporting. - (A) As used in this paragraph:
        (i) The term "drug product" means an active ingredient in
      dosage form that has been approved or otherwise may be lawfully
      marketed under the Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
      seq.) for distribution in the United States.
        (ii) The term "valid prescription" means a prescription which
      is issued for a legitimate medical purpose by an individual
      practitioner licensed by law to administer and prescribe the
      drugs concerned and acting in the usual course of the
      practitioner's professional practice.
      (B) Each regulated person who engages in a transaction with a
    nonregulated person or who engages in an export transaction which -
        (i) involves ephedrine, pseudoephedrine, or phenylpropanolamine
      (including drug products containing these chemicals); and
        (ii) uses or attempts to use the Postal Service or any private
      or commercial carrier;
    shall, on a monthly basis, submit a report of each such transaction
    conducted during the previous month to the Attorney General in such
    form, containing such data, and at such times as the Attorney
    General shall establish by regulation.
      (C) The data required for such reports shall include -
        (i) the name of the purchaser;
        (ii) the quantity and form of the ephedrine, pseudoephedrine,
      or phenylpropanolamine purchased; and
        (iii) the address to which such ephedrine, pseudoephedrine, or
      phenylpropanolamine was sent.
      (D) Except as provided in subparagraph (E), the following
    distributions to a nonregulated person, and the following export
    transactions, shall not be subject to the reporting requirement in
    subparagraph (B):
        (i) Distributions of sample packages of drug products when such
      packages contain not more than two solid dosage units or the
      equivalent of two dosage units in liquid form, not to exceed 10
      milliliters of liquid per package, and not more than one package
      is distributed to an individual or residential address in any
      30-day period.
        (ii) Distributions of drug products by retail distributors that
      may not include face-to-face transactions to the extent that such
      distributions are consistent with the activities authorized for a
      retail distributor as specified in section 802(46) of this title.
        (iii) Distributions of drug products to a resident of a long
      term care facility (as that term is defined in regulations
      prescribed by the Attorney General) or distributions of drug
      products to a long term care facility for dispensing to or for
      use by a resident of that facility.
        (iv) Distributions of drug products pursuant to a valid
      prescription.
        (v) Exports which have been reported to the Attorney General
      pursuant to section 954 or 971 of this title or which are subject
      to a waiver granted under section 971(e)(2) of this title.
        (vi) Any quantity, method, or type of distribution or any
      quantity, method, or type of distribution of a specific listed
      chemical (including specific formulations or drug products) or of
      a group of listed chemicals (including specific formulations or
      drug products) which the Attorney General has excluded by
      regulation from such reporting requirement on the basis that such
      reporting is not necessary for the enforcement of this subchapter
      or subchapter II of this chapter.
      (E) The Attorney General may revoke any or all of the exemptions
    listed in subparagraph (D) for an individual regulated person if he
    finds that drug products distributed by the regulated person are
    being used in violation of this subchapter or subchapter II of this
    chapter.  The regulated person shall be notified of the revocation,
    which will be effective upon receipt by the person of such notice,
    as provided in section 971(c)(1) of this title, and shall have the
    right to an expedited hearing as provided in section 971(c)(2) of
    this title.
    (c) Confidentiality of information obtained by Attorney General;
        non-disclosure; exceptions
      (1) Except as provided in paragraph (2), any information obtained
    by the Attorney General under this section which is exempt from
    disclosure under section 552(a) of title 5, by reason of section
    552(b)(4) of such title, is confidential and may not be disclosed
    to any person.
      (2) Information referred to in paragraph (1) may be disclosed
    only -
        (A) to an officer or employee of the United States engaged in
      carrying out this subchapter, subchapter II of this chapter, or
      the customs laws;
        (B) when relevant in any investigation or proceeding for the
      enforcement of this subchapter, subchapter II of this chapter, or
      the customs laws;
        (C) when necessary to comply with an obligation of the United
      States under a treaty or other international agreement; or
        (D) to a State or local official or employee in conjunction
      with the enforcement of controlled substances laws or chemical
      control laws.
      (3) The Attorney General shall -
        (A) take such action as may be necessary to prevent
      unauthorized disclosure of information by any person to whom such
      information is disclosed under paragraph (2); and
        (B) issue guidelines that limit, to the maximum extent
      feasible, the disclosure of proprietary business information,
      including the names or identities of United States exporters of
      listed chemicals, to any person to whom such information is
      disclosed under paragraph (2).
      (4) Any person who is aggrieved by a disclosure of information in
    violation of this section may bring a civil action against the
    violator for appropriate relief.
      (5) Notwithstanding paragraph (4), a civil action may not be
    brought under such paragraph against investigative or law
    enforcement personnel of the Drug Enforcement Administration.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 310, as added Pub. L. 95-633, title
    II, Sec. 202(a), Nov. 10, 1978, 92 Stat. 3774; amended Pub. L.
    100-690, title VI, Sec. 6052(a), Nov. 18, 1988, 102 Stat. 4312;
    Pub. L. 103-200, Sec. 2(c), 10, Dec. 17, 1993, 107 Stat. 2336,
    2341; Pub. L. 104-237, title II, Sec. 208, title IV, Sec. 402, Oct.
    3, 1996, 110 Stat. 3104, 3111; Pub. L. 106-310, div.  B, title
    XXXVI, Sec. 3652, Oct. 17, 2000, 114 Stat. 1239.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Food, Drug, and Cosmetic Act, referred to in subsec.
    (b)(3)(A)(i), probably means the Federal Food, Drug, and Cosmetic
    Act, act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which
    is classified generally to chapter 9 (Sec. 301 et seq.) of this
    title.  For complete classification of this Act to the Code, see
    section 301 of this title and Tables.
      This subchapter, referred to in subsec. (b)(3)(D)(vi), (E), was
    in the original "this title", meaning title II of Pub. L. 91-513,
    Oct. 27, 1970, 84 Stat. 1242, as amended, and is popularly known as
    the "Controlled Substances Act". For complete classification of
    title II to the Code, see second paragraph of Short Title note set
    out under section 801 of this title and Tables.
      Subchapter II of this chapter, referred to in subsecs.
    (b)(3)(D)(iv), (E) and (c)(2)(A), (B), was in the original "title
    III", meaning title III of Pub. L. 91-513, Oct. 27, 1970, 84 Stat.
    1285, as amended.  Part A of title III comprises subchapter II of
    this chapter.  For classification of Part B, consisting of sections
    1101 to 1105 of title III, see Tables.
      The customs laws, referred to in subsec. (c)(2)(A), (B), are
    classified generally to Title 19, Customs Duties.
 
-MISC2-
                                 AMENDMENTS
      2000 - Subsec. (b)(3). Pub. L. 106-310 added subpars. (A), (D),
    and (E), redesignated former subpars. (A) and (B) as (B) and (C),
    respectively, and inserted "or who engages in an export
    transaction" after "nonregulated person" in introductory
    provisions of subpar. (B).
      1996 - Subsec. (a)(1). Pub. L. 104-237, Sec. 208, substituted
    "for two years after the date of the transaction." for the dash
    after "record of the transaction" and struck out subpars. (A) and
    (B) which read as follows:
      "(A) for 4 years after the date of the transaction, if the
    listed chemical is a list I chemical or if the transaction involves
    a tableting machine or an encapsulating machine; and
      "(B) for 2 years after the date of the transaction, if the
    listed chemical is a list II chemical."
      Subsec. (b)(3). Pub. L. 104-237, Sec. 402, added par. (3).
      1993 - Subsec. (a)(1). Pub. L. 103-200, Sec. 2(c)(1), substituted
    "list I chemical" for "precursor chemical" in subpar. (A) and
    "a list II chemical" for "an essential chemical" in subpar.
    (B).
      Subsec. (b). Pub. L. 103-200, Sec. 10, designated existing
    provisions as par. (1), redesignated former pars. (1) to (4) as
    subpars. (A) to (D), respectively, in concluding provisions,
    substituted "subparagraph (A)" for "paragraph (1)" in two
    places, "subparagraph (B)" for "paragraph (2)", and
    "subparagraph (C)" for "paragraph (3)", and added par. (2).
      Subsec. (c)(2)(D). Pub. L. 103-200, Sec. 2(c)(2), substituted
    "chemical control laws" for "precursor chemical laws".
      1988 - Pub. L. 100-690 amended section generally, substituting
    provisions relating to regulation of listed chemicals and certain
    machines for provisions relating to reporting by any person who
    distributes, sells, or imports any piperidine.
                      EFFECTIVE DATE OF 1993 AMENDMENT
      Amendment by Pub. L. 103-200 effective on date that is 120 days
    after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
    a note under section 802 of this title.
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by Pub. L. 100-690 effective 120 days after Nov. 18,
    1988, see section 6061 of Pub. L. 100-690, set out as a note under
    section 802 of this title.
         EFFECTIVE DATE; TIME TO SUBMIT PIPERIDINE REPORT; REQUIRED
                                INFORMATION
      Section 203(a) of title II of Pub. L. 95-633 provided that:
      "(1) Except as provided under paragraph (2), the amendments made
    by this title (enacting this section and amending sections 841 to
    843 of this title) shall take effect on the date of the enactment
    of this Act (Nov. 10, 1978).
      "(2) Any person required to submit a report under section
    310(a)(1) of the Controlled Substances Act (subsec. (a)(1) of this
    section) respecting a distribution, sale, or importation of
    piperidine during the 90 days after the date of the enactment of
    this Act (Nov. 10, 1978) may submit such report any time up to 97
    days after such date of enactment.
      "(3) Until otherwise provided by the Attorney General by
    regulation, the information required to be reported by a person
    under section 310(a)(1) of the Controlled Substances Act (as added
    by section 202(a)(2) of this title) (subsec. (a)(1) of this
    section) with respect to the person's distribution, sale, or
    importation of piperidine shall -
        "(A) be the information described in subparagraphs (A) and (B)
      of such section, and
        "(B) except as provided in paragraph (2) of this subsection,
      be reported not later than seven days after the date of such
      distribution, sale, or importation."
                                  REPEALS
      Pub. L. 96-359, Sec. 8(b), Sept. 26, 1980, 94 Stat. 1194,
    repealed section 203(d) of Pub. L. 95-633, which had provided for
    the repeal of this section effective Jan. 1, 1981.
                    REGULATIONS FOR PIPERIDINE REPORTING
      Section 203(b) of Pub. L. 95-633 required the Attorney General to
    publish proposed interim regulations for piperidine reporting under
    section 830(a) of this title not later than 30 days after
    enactment, and final interim regulations not later than 75 days
    after enactment, such final interim regulations to be effective on
    and after the ninety-first day after enactment.
      REPORT TO PRESIDENT AND CONGRESS ON EFFECTIVENESS OF TITLE II OF
                               PUB. L. 95-633
      Section 203(c) of Pub. L. 95-633 required the Attorney General to
    analyze and evaluate the impact and effectiveness of the amendments
    made by title II of Pub. L. 95-633, and report to the President and
    Congress not later than Mar. 1, 1980.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 802, 827, 841, 842, 843,
    958 of this title.
 
-CITE-
    21 USC Part D - Offenses and Penalties                       01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
    .
 
-HEAD-
    Part D - Offenses and Penalties
 
-CITE-
    21 USC Sec. 841                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 841. Prohibited acts A
 
-STATUTE-
    (a) Unlawful acts
      Except as authorized by this subchapter, it shall be unlawful for
    any person knowingly or intentionally -
        (1) to manufacture, distribute, or dispense, or possess with
      intent to manufacture, distribute, or dispense, a controlled
      substance; or
        (2) to create, distribute, or dispense, or possess with intent
      to distribute or dispense, a counterfeit substance.
    (b) Penalties
      Except as otherwise provided in section 849, 859, 860, or 861 of
    this title, any person who violates subsection (a) of this section
    shall be sentenced as follows:
      (1)(A) In the case of a violation of subsection (a) of this
    section involving -
        (i) 1 kilogram or more of a mixture or substance containing a
      detectable amount of heroin;
        (ii) 5 kilograms or more of a mixture or substance containing a
      detectable amount of -
          (I) coca leaves, except coca leaves and extracts of coca
        leaves from which cocaine, ecgonine, and derivatives of
        ecgonine or their salts have been removed;
          (II) cocaine, its salts, optical and geometric isomers, and
        salts of isomers;
          (III) ecgonine, its derivatives, their salts, isomers, and
        salts of isomers; or
          (IV) any compound, mixture, or preparation which contains any
        quantity of any of the substances referred to in subclauses (I)
        through (III);
        (iii) 50 grams or more of a mixture or substance described in
      clause (ii) which contains cocaine base;
        (iv) 100 grams or more of phencyclidine (PCP) or 1 kilogram or
      more of a mixture or substance containing a detectable amount of
      phencyclidine (PCP);
        (v) 10 grams or more of a mixture or substance containing a
      detectable amount of lysergic acid diethylamide (LSD);
        (vi) 400 grams or more of a mixture or substance containing a
      detectable amount of N-phenyl-N- ( 1- ( 2-phenylethyl )
      -4-piperidinyl ) propanamide or 100 grams or more of a mixture or
      substance containing a detectable amount of any analogue of N-pheny
      propanamide;
        (vii) 1000 kilograms or more of a mixture or substance
      containing a detectable amount of marihuana, or 1,000 or more
      marihuana plants regardless of weight; or
        (viii) 50 grams or more of methamphetamine, its salts, isomers,
      and salts of its isomers or 500 grams or more of a mixture or
      substance containing a detectable amount of methamphetamine, its
      salts, isomers, or salts of its isomers;
    such person shall be sentenced to a term of imprisonment which may
    not be less than 10 years or more than life and if death or serious
    bodily injury results from the use of such substance shall be not
    less than 20 years or more than life, a fine not to exceed the
    greater of that authorized in accordance with the provisions of
    title 18 or $4,000,000 if the defendant is an individual or
    $10,000,000 if the defendant is other than an individual, or both.
    If any person commits such a violation after a prior conviction for
    a felony drug offense has become final, such person shall be
    sentenced to a term of imprisonment which may not be less than 20
    years and not more than life imprisonment and if death or serious
    bodily injury results from the use of such substance shall be
    sentenced to life imprisonment, a fine not to exceed the greater of
    twice that authorized in accordance with the provisions of title 18
    or $8,000,000 if the defendant is an individual or $20,000,000 if
    the defendant is other than an individual, or both.  If any person
    commits a violation of this subparagraph or of section 849, 859,
    860, or 861 of this title after two or more prior convictions for a
    felony drug offense have become final, such person shall be
    sentenced to a mandatory term of life imprisonment without release
    and fined in accordance with the preceding sentence.  Any sentence
    under this subparagraph shall, in the absence of such a prior
    conviction, impose a term of supervised release of at least 5 years
    in addition to such term of imprisonment and shall, if there was
    such a prior conviction, impose a term of supervised release of at
    least 10 years in addition to such term of imprisonment.
    Notwithstanding any other provision of law, the court shall not
    place on probation or suspend the sentence of any person sentenced
    under this subparagraph.  No person sentenced under this
    subparagraph shall be eligible for parole during the term of
    imprisonment imposed therein.
      (B) In the case of a violation of subsection (a) of this section
    involving -
        (i) 100 grams or more of a mixture or substance containing a
      detectable amount of heroin;
        (ii) 500 grams or more of a mixture or substance containing a
      detectable amount of -
          (I) coca leaves, except coca leaves and extracts of coca
        leaves from which cocaine, ecgonine, and derivatives of
        ecgonine or their salts have been removed;
          (II) cocaine, its salts, optical and geometric isomers, and
        salts of isomers;
          (III) ecgonine, its derivatives, their salts, isomers, and
        salts of isomers; or
          (IV) any compound, mixture, or preparation which contains any
        quantity of any of the substances referred to in subclauses (I)
        through (III);
        (iii) 5 grams or more of a mixture or substance described in
      clause (ii) which contains cocaine base;
        (iv) 10 grams or more of phencyclidine (PCP) or 100 grams or
      more of a mixture or substance containing a detectable amount of
      phencyclidine (PCP);
        (v) 1 gram or more of a mixture or substance containing a
      detectable amount of lysergic acid diethylamide (LSD);
        (vi) 40 grams or more of a mixture or substance containing a
      detectable amount of N-phenyl-N- ( 1- ( 2-phenylethyl )
      -4-piperidinyl ) propanamide or 10 grams or more of a mixture or
      substance containing a detectable amount of any analogue of N-pheny
      propanamide;
        (vii) 100 kilograms or more of a mixture or substance
      containing a detectable amount of marihuana, or 100 or more
      marihuana plants regardless of weight; or
        (viii) 5 grams or more of methamphetamine, its salts, isomers,
      and salts of its isomers or 50 grams or more of a mixture or
      substance containing a detectable amount of methamphetamine, its
      salts, isomers, or salts of its isomers;
    such person shall be sentenced to a term of imprisonment which may
    not be less than 5 years and not more than 40 years and if death or
    serious bodily injury results from the use of such substance shall
    be not less than 20 years or more than life, a fine not to exceed
    the greater of that authorized in accordance with the provisions of
    title 18 or $2,000,000 if the defendant is an individual or
    $5,000,000 if the defendant is other than an individual, or both.
    If any person commits such a violation after a prior conviction for
    a felony drug offense has become final, such person shall be
    sentenced to a term of imprisonment which may not be less than 10
    years and not more than life imprisonment and if death or serious
    bodily injury results from the use of such substance shall be
    sentenced to life imprisonment, a fine not to exceed the greater of
    twice that authorized in accordance with the provisions of title 18
    or $4,000,000 if the defendant is an individual or $10,000,000 if
    the defendant is other than an individual, or both.  Any sentence
    imposed under this subparagraph shall, in the absence of such a
    prior conviction, include a term of supervised release of at least
    4 years in addition to such term of imprisonment and shall, if
    there was such a prior conviction, include a term of supervised
    release of at least 8 years in addition to such term of
    imprisonment.  Notwithstanding any other provision of law, the
    court shall not place on probation or suspend the sentence of any
    person sentenced under this subparagraph.  No person sentenced
    under this subparagraph shall be eligible for parole during the
    term of imprisonment imposed therein.
      (C) In the case of a controlled substance in schedule I or II,
    gamma hydroxybutyric acid (including when scheduled as an approved
    drug product for purposes of section 3(a)(1)(B) of the Hillory J.
    Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000),
    or 1 gram of flunitrazepam, except as provided in subparagraphs
    (A), (B), and (D), such person shall be sentenced to a term of
    imprisonment of not more than 20 years and if death or serious
    bodily injury results from the use of such substance shall be
    sentenced to a term of imprisonment of not less than twenty years
    or more than life, a fine not to exceed the greater of that
    authorized in accordance with the provisions of title 18 or
    $1,000,000 if the defendant is an individual or $5,000,000 if the
    defendant is other than an individual, or both.  If any person
    commits such a violation after a prior conviction for a felony drug
    offense has become final, such person shall be sentenced to a term
    of imprisonment of not more than 30 years and if death or serious
    bodily injury results from the use of such substance shall be
    sentenced to life imprisonment, a fine not to exceed the greater of
    twice that authorized in accordance with the provisions of title 18
    or $2,000,000 if the defendant is an individual or $10,000,000 if
    the defendant is other than an individual, or both.  Any sentence
    imposing a term of imprisonment under this paragraph shall, in the
    absence of such a prior conviction, impose a term of supervised
    release of at least 3 years in addition to such term of
    imprisonment and shall, if there was such a prior conviction,
    impose a term of supervised release of at least 6 years in addition
    to such term of imprisonment.  Notwithstanding any other provision
    of law, the court shall not place on probation or suspend the
    sentence of any person sentenced under the provisions of this
    subparagraph which provide for a mandatory term of imprisonment if
    death or serious bodily injury results, nor shall a person so
    sentenced be eligible for parole during the term of such a
    sentence.
      (D) In the case of less than 50 kilograms of marihuana, except in
    the case of 50 or more marihuana plants regardless of weight, 10
    kilograms of hashish, or one kilogram of hashish oil or in the case
    of any controlled substance in schedule III (other than gamma
    hydroxybutyric acid), or 30 milligrams of flunitrazepam, such
    person shall, except as provided in paragraphs (4) and (5) of this
    subsection, be sentenced to a term of imprisonment of not more than
    5 years, a fine not to exceed the greater of that authorized in
    accordance with the provisions of title 18 or $250,000 if the
    defendant is an individual or $1,000,000 if the defendant is other
    than an individual, or both.  If any person commits such a
    violation after a prior conviction for a felony drug offense has
    become final, such person shall be sentenced to a term of
    imprisonment of not more than 10 years, a fine not to exceed the
    greater of twice that authorized in accordance with the provisions
    of title 18 or $500,000 if the defendant is an individual or
    $2,000,000 if the defendant is other than an individual, or both.
    Any sentence imposing a term of imprisonment under this paragraph
    shall, in the absence of such a prior conviction, impose a term of
    supervised release of at least 2 years in addition to such term of
    imprisonment and shall, if there was such a prior conviction,
    impose a term of supervised release of at least 4 years in addition
    to such term of imprisonment.
      (2) In the case of a controlled substance in schedule IV, such
    person shall be sentenced to a term of imprisonment of not more
    than 3 years, a fine not to exceed the greater of that authorized
    in accordance with the provisions of title 18 or $250,000 if the
    defendant is an individual or $1,000,000 if the defendant is other
    than an individual, or both.  If any person commits such a
    violation after one or more prior convictions of him for an offense
    punishable under this paragraph, or for a felony under any other
    provision of this subchapter or subchapter II of this chapter or
    other law of a State, the United States, or a foreign country
    relating to narcotic drugs, marihuana, or depressant or stimulant
    substances, have become final, such person shall be sentenced to a
    term of imprisonment of not more than 6 years, a fine not to exceed
    the greater of twice that authorized in accordance with the
    provisions of title 18 or $500,000 if the defendant is an
    individual or $2,000,000 if the defendant is other than an
    individual, or both.  Any sentence imposing a term of imprisonment
    under this paragraph shall, in the absence of such a prior
    conviction, impose a term of supervised release of at least one
    year in addition to such term of imprisonment and shall, if there
    was such a prior conviction, impose a term of supervised release of
    at least 2 years in addition to such term of imprisonment.
      (3) In the case of a controlled substance in schedule V, such
    person shall be sentenced to a term of imprisonment of not more
    than one year, a fine not to exceed the greater of that authorized
    in accordance with the provisions of title 18 or $100,000 if the
    defendant is an individual or $250,000 if the defendant is other
    than an individual, or both.  If any person commits such a
    violation after one or more convictions of him for an offense
    punishable under this paragraph, or for a crime under any other
    provision of this subchapter or subchapter II of this chapter or
    other law of a State, the United States, or a foreign country
    relating to narcotic drugs, marihuana, or depressant or stimulant
    substances, have become final, such person shall be sentenced to a
    term of imprisonment of not more than 2 years, a fine not to exceed
    the greater of twice that authorized in accordance with the
    provisions of title 18 or $200,000 if the defendant is an
    individual or $500,000 if the defendant is other than an
    individual, or both.
      (4) Notwithstanding paragraph (1)(D) of this subsection, any
    person who violates subsection (a) of this section by distributing
    a small amount of marihuana for no remuneration shall be treated as
    provided in section 844 of this title and section 3607 of title 18.
      (5) Any person who violates subsection (a) of this section by
    cultivating a controlled substance on Federal property shall be
    imprisoned as provided in this subsection and shall be fined any
    amount not to exceed -
        (A) the amount authorized in accordance with this section;
        (B) the amount authorized in accordance with the provisions of
      title 18;
        (C) $500,000 if the defendant is an individual; or
        (D) $1,000,000 if the defendant is other than an individual;
    or both.
      (6) Any person who violates subsection (a) of this section, or
    attempts to do so, and knowingly or intentionally uses a poison,
    chemical, or other hazardous substance on Federal land, and, by
    such use -
        (A) creates a serious hazard to humans, wildlife, or domestic
      animals,
        (B) degrades or harms the environment or natural resources, or
        (C) pollutes an aquifer, spring, stream, river, or body of
      water,
    shall be fined in accordance with title 18 or imprisoned not more
    than five years, or both.
      (7) Penalties for distribution. -
        (A) In general. - Whoever, with intent to commit a crime of
      violence, as defined in section 16 of title 18 (including rape),
      against an individual, violates subsection (a) of this section by
      distributing a controlled substance or controlled substance
      analogue to that individual without that individual's knowledge,
      shall be imprisoned not more than 20 years and fined in
      accordance with title 18.
        (B) Definition. - For purposes of this paragraph, the term
      "without that individual's knowledge" means that the individual
      is unaware that a substance with the ability to alter that
      individual's ability to appraise conduct or to decline
      participation in or communicate unwillingness to participate in
      conduct is administered to the individual.
    (c) Offenses involving listed chemicals
      Any person who knowingly or intentionally -
        (1) possesses a listed chemical with intent to manufacture a
      controlled substance except as authorized by this subchapter;
        (2) possesses or distributes a listed chemical knowing, or
      having reasonable cause to believe, that the listed chemical will
      be used to manufacture a controlled substance except as
      authorized by this subchapter; or
        (3) with the intent of causing the evasion of the recordkeeping
      or reporting requirements of section 830 of this title, or the
      regulations issued under that section, receives or distributes a
      reportable amount of any listed chemical in units small enough so
      that the making of records or filing of reports under that
      section is not required;
    shall be fined in accordance with title 18 or imprisoned not more
    than 20 years in the case of a violation of paragraph (1) or (2)
    involving a list I chemical or not more than 10 years in the case
    of a violation of this subsection other than a violation of
    paragraph (1) or (2) involving a list I chemical, or both.
    (d) Boobytraps on Federal property; penalties; "boobytrap"
        defined
      (1) Any person who assembles, maintains, places, or causes to be
    placed a boobytrap on Federal property where a controlled substance
    is being manufactured, distributed, or dispensed shall be sentenced
    to a term of imprisonment for not more than 10 years and shall be
    fined not more than $10,000.
      (2) If any person commits such a violation after 1 or more prior
    convictions for an offense punishable under this subsection, such
    person shall be sentenced to a term of imprisonment of not more
    than 20 years and shall be fined not more than $20,000.
      (3) For the purposes of this subsection, the term "boobytrap"
    means any concealed or camouflaged device designed to cause bodily
    injury when triggered by any action of any unsuspecting person
    making contact with the device.  Such term includes guns,
    ammunition, or explosive devices attached to trip wires or other
    triggering mechanisms, sharpened stakes, and lines or wires with
    hooks attached.
    (e) Ten-year injunction as additional penalty
      In addition to any other applicable penalty, any person convicted
    of a felony violation of this section relating to the receipt,
    distribution, manufacture, exportation, or importation of a listed
    chemical may be enjoined from engaging in any transaction involving
    a listed chemical for not more than ten years.
    (f) Wrongful distribution or possession of listed chemicals
      (1) Whoever knowingly distributes a listed chemical in violation
    of this subchapter (other than in violation of a recordkeeping or
    reporting requirement of section 830 of this title) shall be fined
    under title 18 or imprisoned not more than 5 years, or both.
      (2) Whoever possesses any listed chemical, with knowledge that
    the recordkeeping or reporting requirements of section 830 of this
    title have not been adhered to, if, after such knowledge is
    acquired, such person does not take immediate steps to remedy the
    violation shall be fined under title 18 or imprisoned not more than
    one year, or both.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 401, Oct. 27, 1970, 84 Stat. 1260;
    Pub. L. 95-633, title II, Sec. 201, Nov. 10, 1978, 92 Stat. 3774;
    Pub. L. 96-359, Sec. 8(c), Sept. 26, 1980, 94 Stat. 1194; Pub. L.
    98-473, title II, Sec. 224(a), 502, 503(b)(1), (2), Oct. 12, 1984,
    98 Stat. 2030, 2068, 2070; Pub. L. 99-570, title I, Sec. 1002,
    1003(a), 1004(a), 1005(a), 1103, title XV, Sec. 15005, Oct. 27,
    1986, 100 Stat. 3207-2, 3207-5, 3207-6, 3207-11, 3702-192; Pub. L.
    100-690, title VI, Sec. 6055, 6254(h), 6452(a), 6470(g), (h), 6479,
    Nov. 18, 1988, 102 Stat. 4318, 4367, 4371, 4378, 4381; Pub. L.
    101-647, title X, Sec. 1002(e), title XII, Sec. 1202, title XXXV,
    Sec. 3599K, Nov. 29, 1990, 104 Stat. 4828, 4830, 4932; Pub. L.
    103-322, title IX, Sec. 90105(a), (c), title XVIII, Sec.
    180201(b)(2)(A), Sept. 13, 1994, 108 Stat. 1987, 1988, 2047; Pub.
    L. 104-237, title II, Sec. 206(a), title III, Sec. 302(a), Oct. 3,
    1996, 110 Stat. 3103, 3105; Pub. L. 104-305, Sec. 2(a), (b)(1),
    Oct. 13, 1996, 110 Stat. 3807; Pub. L. 105-277, div.  E, Sec. 2(a),
    Oct. 21, 1998, 112 Stat. 2681-759; Pub. L. 106-172, Sec. 3(b)(1),
    5(b), 9, Feb. 18, 2000, 114 Stat. 9, 10, 13.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This subchapter, referred to in subsecs. (a), (b)(1) to (3),
    (c)(1), (2), and (f)(1), was in the original "this title",
    meaning title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242,
    as amended, and is popularly known as the "Controlled Substances
    Act". For complete classification of title II to the Code, see
    second paragraph of Short Title note set out under section 801 of
    this title and Tables.
      Schedules I, II, III, IV, and V, referred to in subsec. (b), are
    set out in section 812(c) of this title.
      Subchapter II of this chapter, referred to in subsec. (b)(1) to
    (3), was in the original "title III", meaning title III of Pub.
    L. 91-513, Oct. 27, 1970, 84 Stat. 1285, as amended.  Part A of
    title III comprises subchapter II of this chapter.  For
    classification of Part B, consisting of sections 1101 to 1105 of
    title III, see Tables.
      Section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid
    Date-Rape Prohibition Act of 2000, referred to in subsec.
    (b)(1)(C), is section 3(a)(1)(B) of Pub. L. 106-172, which is set
    out in a note under section 812 of this title.
 
-MISC2-
                                 AMENDMENTS
      2000 - Subsec. (b)(1)(C). Pub. L. 106-172, Sec. 3(b)(1)(A),
    inserted "gamma hydroxybutyric acid (including when scheduled as
    an approved drug product for purposes of section 3(a)(1)(B) of the
    Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act
    of 2000)," after "schedule I or II," in first sentence.
      Subsec. (b)(1)(D). Pub. L. 106-172, Sec. 3(b)(1)(B), substituted
    "(other than gamma hydroxybutyric acid), or 30" for ", or 30".
      Subsec. (b)(7)(A). Pub. L. 106-172, Sec. 5(b), inserted "or
    controlled substance analogue" after "distributing a controlled
    substance".
      Subsecs. (c) to (g). Pub. L. 106-172, Sec. 9, redesignated
    subsecs. (d) to (g) as (c) to (f), respectively.
      1998 - Subsec. (b)(1). Pub. L. 105-277 in subpar. (A)(viii)
    substituted "50 grams" and "500 grams" for "100 grams" and
    "1 kilogram", respectively, and in subpar. (B)(viii) substituted
    "5 grams" and "50 grams" for "10 grams" and "100 grams",
    respectively.
      1996 - Subsec. (b)(1)(C). Pub. L. 104-305, Sec. 2(b)(1)(A),
    inserted ", or 1 gram of flunitrazepam," after "schedule I or
    II".
      Subsec. (b)(1)(D). Pub. L. 104-305, Sec. 2(b)(1)(B), inserted
    "or 30 milligrams of flunitrazepam," after "schedule III,".
      Subsec. (b)(7). Pub. L. 104-305, Sec. 2(a), added par. (7).
      Subsec. (d). Pub. L. 104-237, Sec. 302(a), in concluding
    provisions, substituted "not more than 20 years in the case of a
    violation of paragraph (1) or (2) involving a list I chemical or
    not more than 10 years in the case of a violation of this
    subsection other than a violation of paragraph (1) or (2) involving
    a list I chemical," for "not more than 10 years,".
      Subsec. (f). Pub. L. 104-237, Sec. 206(a), inserted
    "manufacture, exportation," after "distribution," and struck
    out "regulated" after "engaging in any".
      1994 - Subsec. (b). Pub. L. 103-322, Sec. 180201(b)(2)(A),
    inserted "849," before "859," in introductory provisions.
      Subsec. (b)(1)(A). Pub. L. 103-322, Sec. 90105(c),
    180201(b)(2)(A), in concluding provisions, inserted "849," before
    "859," and struck out "For purposes of this subparagraph, the
    term 'felony drug offense' means an offense that is a felony under
    any provision of this subchapter or any other Federal law that
    prohibits or restricts conduct relating to narcotic drugs,
    marihuana, or depressant or stimulant substances or a felony under
    any law of a State or a foreign country that prohibits or restricts
    conduct relating to narcotic drugs, marihuana, or depressant or
    stimulant substances." before "Any sentence under this
    subparagraph".
      Subsec. (b)(1)(B). Pub. L. 103-322, Sec. 90105(a), in sentence in
    concluding provisions beginning "If any person commits",
    substituted "a prior conviction for a felony drug offense has
    become final" for "one or more prior convictions for an offense
    punishable under this paragraph, or for a felony under any other
    provision of this subchapter or subchapter II of this chapter or
    other law of a State, the United States, or a foreign country
    relating to narcotic drugs, marihuana, or depressant or stimulant
    substances, have become final".
      Subsec. (b)(1)(C). Pub. L. 103-322, Sec. 90105(a), in sentence
    beginning "If any person commits", substituted "a prior
    conviction for a felony drug offense has become final" for "one
    or more prior convictions for an offense punishable under this
    paragraph, or for a felony under any other provision of this
    subchapter or subchapter II of this chapter or other law of a
    State, the United States or a foreign country relating to narcotic
    drugs, marihuana, or depressant or stimulant substances, have
    become final".
      Subsec. (b)(1)(D). Pub. L. 103-322, Sec. 90105(a), in sentence
    beginning "If any person commits", substituted "a prior
    conviction for a felony drug offense has become final" for "one
    or more prior convictions of him for an offense punishable under
    this paragraph, or for a felony under any other provision of this
    subchapter or subchapter II of this chapter or other law of a
    State, the United States, or a foreign country relating to narcotic
    drugs, marihuana, or depressant or stimulant substances, have
    become final".
      1990 - Subsec. (b). Pub. L. 101-647, Sec. 1002(e)(1), substituted
    "section 859, 860, or 861" for "section 845, 845a, or 845b" in
    introductory provisions.
      Subsec. (b)(1)(A). Pub. L. 101-647, Sec. 1002(e)(1), substituted
    "section 859, 860, or 861" for "section 845, 845a, or 845b" in
    concluding provisions.
      Subsec. (b)(1)(A)(ii)(IV). Pub. L. 101-647, Sec. 3599K,
    substituted "any of the substances" for "any of the substance".
      Subsec. (b)(1)(A)(viii). Pub. L. 101-647, Sec. 1202, substituted
    "or 1 kilogram or more of a mixture or substance containing a
    detectable amount of methamphetamine" for "or 100 grams or more
    of a mixture or substance containing a detectable amount of
    methamphetamine".
      Subsec. (b)(1)(B)(ii)(IV). Pub. L. 101-647, Sec. 3599K,
    substituted "any of the substances" for "any of the substance".
      Subsec. (c). Pub. L. 101-647, Sec. 1002(e)(2), directed amendment
    of subsec. (c) by substituting "section 859, 860, or 861 of this
    title" for "section 845, 845a, or 845b of this title".  Subsec.
    (c) was previously repealed by Pub. L. 98-473, Sec. 224(a)(2), as
    renumbered by Pub. L. 99-570, Sec. 1005(a), effective Nov. 1, 1987,
    and applicable only to offenses committed after the taking effect
    of such amendment.  See 1984 Amendment note and Effective Date of
    1984 Amendment note below.
      1988 - Subsec. (b)(1)(A). Pub. L. 100-690, Sec. 6452(a), 6470(g),
    6479(1), inserted ", or 1,000 or more marihuana plants regardless
    of weight" in cl. (vii), added cl. (viii), substituted "a prior
    conviction for a felony drug offense has become final" for "one
    or more prior convictions for an offense punishable under this
    paragraph, or for a felony under any other provision of this
    subchapter or subchapter II of this chapter or other law of a
    State, the United States, or a foreign country relating to narcotic
    drugs, marihuana, or depressant or stimulant substances, have
    become final" in second sentence, and added provisions relating to
    sentencing for a person who violates this subpar. or section 485,
    485a, or 485b of this title after two or more prior convictions for
    a felony drug offense have become final and defining "felony drug
    offense".
      Subsec. (b)(1)(B). Pub. L. 100-690, Sec. 6470(h), 6479(2),
    inserted ", or 100 or more marihuana plants regardless of weight"
    in cl. (vii) and added cl. (viii).
      Subsec. (b)(1)(D). Pub. L. 100-690, Sec. 6479(3), substituted
    "50 or more marihuana plants" for "100 or more marihuana
    plants".
      Subsec. (b)(6). Pub. L. 100-690, Sec. 6254(h), added par. (6).
      Subsec. (d). Pub. L. 100-690, Sec. 6055(a), amended subsec. (d)
    generally.  Prior to amendment, subsec. (d) read as follows: "Any
    person who knowingly or intentionally -
        "(1) possesses any piperidine with intent to manufacture
      phencyclidine except as authorized by this subchapter, or
        "(2) possesses any piperidine knowing, or having reasonable
      cause to believe, that the piperidine will be used to manufacture
      phencyclidine except as authorized by this subchapter,
    shall be sentenced to a term of imprisonment of not more than 5
    years, a fine not to exceed the greater of that authorized in
    accordance with the provisions of title 18 or $250,000 if the
    defendant is an individual or $1,000,000 if the defendant is other
    than an individual, or both."
      Subsecs. (f), (g). Pub. L. 100-690, Sec. 6055(b), added subsecs.
    (f) and (g).
      1986 - Pub. L. 99-570, Sec. 1005(a), amended Pub. L. 98-473, Sec.
    224(a). See 1984 Amendment note below.
      Subsec. (b). Pub. L. 99-570, Sec. 1103(a), substituted ", 845a,
    or 845b" for "or 845a" in introductory provisions.
      Subsec. (b)(1)(A). Pub. L. 99-570, Sec. 1002(2), amended subpar.
    (A) generally.  Prior to amendment, subpar. (A) read as follows:
    "In the case of a violation of subsection (a) of this section
    involving -
        "(i) 100 grams or more of a controlled substance in schedule I
      or II which is a mixture or substance containing a detectable
      amount of a narcotic drug other than a narcotic drug consisting
      of -
          "(I) coca leaves;
          "(II) a compound, manufacture, salt, derivative, or
        preparation of coca leaves; or
          "(III) a substance chemically identical thereto;
        "(ii) a kilogram or more of any other controlled substance in
      schedule I or II which is a narcotic drug;
        "(iii) 500 grams or more of phencyclidine (PCP); or
        "(iv) 5 grams or more of lysergic acid diethylamide (LSD);
    such person shall be sentenced to a term of imprisonment of not
    more than 20 years, a fine of not more than $250,000, or both.  If
    any person commits such a violation after one or more prior
    convictions of him for an offense punishable under this paragraph,
    or for a felony under any other provision of this subchapter or
    subchapter II of this chapter or other law of a State, the United
    States, or a foreign country relating to narcotic drugs, marihuana,
    or depressant or stimulant substances, have become final, such
    person shall be sentenced to a term of imprisonment of not more
    than 40 years, a fine of not more than $500,000, or both".
      Subsec. (b)(1)(B). Pub. L. 99-570, Sec. 1002(2), amended subpar.
    (B) generally.  Prior to amendment, subpar. (B) read as follows:
    "In the case of a controlled substance in schedule I or II except
    as provided in subparagraphs (A) and (C),, such person shall be
    sentenced to a term of imprisonment of not more than 15 years, a
    fine of not more than $125,000, or both.  If any person commits
    such a violation after one or more prior convictions of him for an
    offense punishable under this paragraph, or for a felony under any
    other provision of this subchapter or subchapter II of this chapter
    or other law of a State, the United States, or a foreign country
    relating to narcotic drugs, marihuana, or depressant or stimulant
    substances, have become final, such person shall be sentenced to a
    term of imprisonment of not more than 30 years, a fine of not more
    than $250,000, or both.  Any sentence imposing a term of
    imprisonment under this paragraph shall, in the absence of such a
    prior conviction, impose a special parole term of at least 3 years
    in addition to such term of imprisonment and shall, if there was
    such a prior conviction, impose a special parole term of at least 6
    years in addition to such term of imprisonment."
      Subsec. (b)(1)(C). Pub. L. 99-570, Sec. 1002(2), added subpar.
    (C). Former subpar. (C) redesignated (D).
      Subsec. (b)(1)(D). Pub. L. 99-570, Sec. 1004(a), substituted
    "term of supervised release" for "special parole term" in two
    places.
      Pub. L. 99-570, Sec. 1002(1), 1003(a)(1), redesignated former
    subpar. (C) as (D), substituted "a fine not to exceed the greater
    of that authorized in accordance with the provisions of title 18 or
    $250,000 if the defendant is an individual or $1,000,000 if the
    defendant is other than an individual" for "a fine of not more
    than $50,000" and "a fine not to exceed the greater of twice that
    authorized in accordance with the provisions of title 18 or
    $500,000 if the defendant is an individual or $2,000,000 if the
    defendant is other than an individual" for "a fine of not more
    than $100,000", and inserted "except in the case of 100 or more
    marihuana plants regardless of weight,".
      Subsec. (b)(2). Pub. L. 99-570, Sec. 1004(a), substituted "term
    of supervised release" for "special parole term" in two places.
      Pub. L. 99-570, Sec. 1003(a)(2), substituted "a fine not to
    exceed the greater of that authorized in accordance with the
    provisions of title 18 or $250,000 if the defendant is an
    individual or $1,000,000 if the defendant is other than an
    individual" for "a fine of not more than $25,000" and "a fine
    not to exceed the greater of twice that authorized in accordance
    with the provisions of title 18 or $500,000 if the defendant is an
    individual or $2,000,000 if the defendant is other than an
    individual" for "a fine of not more than $50,000".
      Subsec. (b)(3). Pub. L. 99-570, Sec. 1003(a)(3), substituted "a
    fine not to exceed the greater of that authorized in accordance
    with the provisions of title 18 or $100,000 if the defendant is an
    individual or $250,000 if the defendant is other than an
    individual" for "a fine of not more than $10,000" and "a fine
    not to exceed the greater of twice that authorized in accordance
    with the provisions of title 18 or $200,000 if the defendant is an
    individual or $500,000 if the defendant is other than an
    individual" for "a fine of not more than $20,000".
      Subsec. (b)(4). Pub. L. 99-570, Sec. 1003(a)(4), which directed
    the substitution of "1(D)" for "1(C)" was executed by
    substituting "(1)(D)" for "(1)(C)" as the probable intent of
    Congress.
      Subsec. (b)(5). Pub. L. 99-570, Sec. 1003(a)(5), amended par. (5)
    generally.  Prior to amendment, par. (5) read as follows:
    "Notwithstanding paragraph (1), any person who violates subsection
    (a) of this section by cultivating a controlled substance on
    Federal property shall be fined not more than -
        "(A) $500,000 if such person is an individual; and
        "(B) $1,000,000 if such person is not an individual."
      Subsec. (c). Pub. L. 99-570, Sec. 1004(a), substituted "term of
    supervised release" for "special parole term" wherever
    appearing, effective Nov. 1, 1987, the effective date of the repeal
    of subsec. (c) by Pub. L. 98-473, Sec. 224(a)(2). See 1984
    Amendment note below.
      Pub. L. 99-570, Sec. 1103(b), substituted ", 845a, or 845b" for
    "845a" in two places.
      Subsec. (d). Pub. L. 99-570, Sec. 1003(a)(6), substituted "a
    fine not to exceed the greater of that authorized in accordance
    with the provisions of title 18 or $250,000 if the defendant is an
    individual or $1,000,000 if the defendant is other than an
    individual" for "a fine of not more than $15,000".
      Subsec. (e). Pub. L. 99-570, Sec. 15005, added subsec. (e).
      1984 - Subsec. (b). Pub. L. 98-473, Sec. 503(b)(1), inserted
    reference to section 845a of this title in provisions preceding
    par. (1)(A).
      Pub. L. 98-473, Sec. 224(a)(1)-(3), (5), which directed amendment
    of this subsection effective Nov. 1, 1987 (see section 235(a)(1) of
    Pub. L. 98-473 set out as an Effective Date note under section 3551
    of Title 18, Crimes and Criminal Procedure) was repealed by Pub. L.
    99-570, Sec. 1005(a), and the remaining pars. (4) and (6) of Pub.
    L. 98-473, Sec. 224(a), were redesignated as pars. (1) and (2),
    respectively.
      Subsec. (b)(1)(A). Pub. L. 98-473, Sec. 502(1)(A), added subpar.
    (A). Former subpar. (A) redesignated (B).
      Subsec. (b)(1)(B). Pub. L. 98-473, Sec. 502(1)(A), (B),
    redesignated former subpar. (A) as (B), substituted "except as
    provided in subparagraphs (A) and (C)," for "which is a narcotic
    drug", "$125,000" for "$25,000", and "$250,000" for
    "$50,000", and inserted references to laws of a State and a
    foreign country.  Former subpar. (B) redesignated (C).
      Subsec. (b)(1)(C). Pub. L. 98-473, Sec. 502(1)(A), (C),
    redesignated former subpar. (B) as (C), substituted "less than 50
    kilograms of marihuana, 10 kilograms of hashish, or one kilogram of
    hashish oil" for "a controlled substance in schedule I or II
    which is not a narcotic drug", "and (5)" for ", (5), and (6)",
    "$50,000" for "$15,000", and "$100,000" for "$30,000", and
    inserted references to laws of a State and a foreign country.
      Subsec. (b)(2). Pub. L. 98-473, Sec. 502(2), substituted
    "$25,000" for "$10,000" and "$50,000" for "$20,000", and
    inserted references to laws of a State or of a foreign country.
      Subsec. (b)(3). Pub. L. 98-473, Sec. 502(3), substituted
    "$10,000" for "$5,000" and "$20,000" for "$10,000", and
    inserted references to laws of a State or of a foreign country.
      Subsec. (b)(4). Pub. L. 98-473, Sec. 502(4), substituted
    "(1)(C)" for "(1)(B)".
      Pub. L. 98-473, Sec. 224(a)(1), as renumbered by Pub. L. 99-570,
    Sec. 1005(a), substituted "in section 844 of this title and
    section 3607 of title 18" for "in subsections (a) and (b) of
    section 844 of this title".
      Subsec. (b)(5). Pub. L. 98-473, Sec. 502(5), (6), added par. (5)
    and struck out former par. (5) which related to penalties for
    manufacturing, etc., phencyclidine.
      Subsec. (b)(6). Pub. L. 98-473, Sec. 502(5), struck out par. (6)
    which related to penalties for violations involving a quantity of
    marihuana exceeding 1,000 pounds.
      Subsec. (c). Pub. L. 98-473, Sec. 224(a)(2), as renumbered by
    Pub. L. 99-570, Sec. 1005(a), struck out subsec. (c) which read as
    follows: "A special parole term imposed under this section or
    section 845, 845a, or 845b of this title may be revoked if its
    terms and conditions are violated.  In such circumstances the
    original term of imprisonment shall be increased by the period of
    the special parole term and the resulting new term of imprisonment
    shall not be diminished by the time which was spent on special
    parole.  A person whose special parole term has been revoked may be
    required to serve all or part of the remainder of the new term of
    imprisonment.  A special parole term provided for in this section
    or section 845, 845a, or 845b of this title shall be in addition
    to, and not in lieu of, any other parole provided for by law."
      Pub. L. 98-473, Sec. 503(b)(2), inserted reference to section
    845a of this title in two places.
      1980 - Subsec. (b)(1)(B). Pub. L. 96-359, Sec. 8(c)(1), inserted
    reference to par. (6) of this subsection.
      Subsec. (b)(6). Pub. L. 96-359, Sec. 8(c)(2), added par. (6).
      1978 - Subsec. (b)(1)(B). Pub. L. 95-633, Sec. 201(1), inserted
    ", except as provided in paragraphs (4) and (5) of this
    subsection," after "such person shall".
      Subsec. (b)(5). Pub. L. 95-633, Sec. 201(2), added par. (5).
      Subsec. (d). Pub. L. 95-633, Sec. 201(3), added subsec. (d).
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by section 6055 of Pub. L. 100-690 effective 120 days
    after Nov. 18, 1988, see section 6061 of Pub. L. 100-690, set out
    as a note under section 802 of this title.
                      EFFECTIVE DATE OF 1986 AMENDMENT
      Section 1004(b) of Pub. L. 99-570 provided that: "The amendments
    made by this section (amending this section and sections 845, 845a,
    960, and 962 of this title) shall take effect on the date of the
    taking effect of section 3583 of title 18, United States Code (Nov.
    1, 1987)."
                      EFFECTIVE DATE OF 1984 AMENDMENT
      Amendment by section 224(a) of Pub. L. 98-473 effective Nov. 1,
    1987, and applicable only to offenses committed after the taking
    effect of such amendment, see section 235(a)(1) of Pub. L. 98-473,
    set out as an Effective Date note under section 3551 of Title 18,
    Crimes and Criminal Procedure.
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-633 effective Nov. 10, 1978, see section
    203(a) of Pub. L. 95-633 set out as an Effective Date note under
    section 830 of this title.
                                  REPEALS
      Pub. L. 96-359, Sec. 8(b), Sept. 26, 1980, 94 Stat. 1194,
    repealed section 203(d) of Pub. L. 95-633, which had provided for
    the repeal of subsec. (d) of this section effective Jan. 1, 1981.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 844a, 848, 849, 859, 860,
    861, 886 of this title; title 16 sections 559c, 559d; title 18
    sections 36, 3553, 3599, 3663, 5032, 5038; title 28 section 994;
    title 42 section 14052.
 
-CITE-
    21 USC Sec. 842                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 842. Prohibited acts B
 
-STATUTE-
    (a) Unlawful acts
      It shall be unlawful for any person -
        (1) who is subject to the requirements of part C to distribute
      or dispense a controlled substance in violation of section 829 of
      this title;
        (2) who is a registrant to distribute or dispense a controlled
      substance not authorized by his registration to another
      registrant or other authorized person or to manufacture a
      controlled substance not authorized by his registration;
        (3) who is a registrant to distribute a controlled substance in
      violation of section 825 of this title;
        (4) to remove, alter, or obliterate a symbol or label required
      by section 825 of this title;
        (5) to refuse or negligently fail to make, keep, or furnish any
      record, report, notification, declaration, order or order form,
      statement, invoice, or information required under this subchapter
      or subchapter II of this chapter;
        (6) to refuse any entry into any premises or inspection
      authorized by this subchapter or subchapter II of this chapter;
        (7) to remove, break, injure, or deface a seal placed upon
      controlled substances pursuant to section 824(f) or 881 of this
      title or to remove or dispose of substances so placed under seal;
        (8) to use, to his own advantage, or to reveal, other than to
      duly authorized officers or employees of the United States, or to
      the courts when relevant in any judicial proceeding under this
      subchapter or subchapter II of this chapter, any information
      acquired in the course of an inspection authorized by this
      subchapter concerning any method or process which as a trade
      secret is entitled to protection, or to use to his own advantage
      or reveal (other than as authorized by section 830 of this title)
      any information that is confidential under such section;
        (9) who is a regulated person to engage in a regulated
      transaction without obtaining the identification required by
      830(a)(3) of this title;
        (10) negligently to fail to keep a record or make a report
      under section 830 of this title; or
        (11) to distribute a laboratory supply to a person who uses, or
      attempts to use, that laboratory supply to manufacture a
      controlled substance or a listed chemical, in violation of this
      subchapter or subchapter II of this chapter, with reckless
      disregard for the illegal uses to which such a laboratory supply
      will be put.
    As used in paragraph (11), the term "laboratory supply" means a
    listed chemical or any chemical, substance, or item on a special
    surveillance list published by the Attorney General, which contains
    chemicals, products, materials, or equipment used in the
    manufacture of controlled substances and listed chemicals.  For
    purposes of paragraph (11), there is a rebuttable presumption of
    reckless disregard at trial if the Attorney General notifies a firm
    in writing that a laboratory supply sold by the firm, or any other
    person or firm, has been used by a customer of the notified firm,
    or distributed further by that customer, for the unlawful
    production of controlled substances or listed chemicals a firm
    distributes and 2 weeks or more after the notification the notified
    firm distributes a laboratory supply to the customer.
    (b) Manufacture
      It shall be unlawful for any person who is a registrant to
    manufacture a controlled substance in schedule I or II which is -
        (1) not expressly authorized by his registration and by a quota
      assigned to him pursuant to section 826 of this title; or
        (2) in excess of a quota assigned to him pursuant to section
      826 of this title.
    (c) Penalties
      (1)(A) Except as provided in subparagraph (B) of this paragraph
    and paragraph (2), any person who violates this section shall, with
    respect to any such violation, be subject to a civil penalty of not
    more than $25,000. The district courts of the United States (or,
    where there is no such court in the case of any territory or
    possession of the United States, then the court in such territory
    or possession having the jurisdiction of a district court of the
    United States in cases arising under the Constitution and laws of
    the United States) shall have jurisdiction in accordance with
    section 1355 of title 28 to enforce this paragraph.
      (B) In the case of a violation of paragraph (5) or (10) of
    subsection (a) of this section, the civil penalty shall not exceed
    $10,000.
      (2)(A) If a violation of this section is prosecuted by an
    information or indictment which alleges that the violation was
    committed knowingly and the trier of fact specifically finds that
    the violation was so committed, such person shall, except as
    otherwise provided in subparagraph (B) of this paragraph, be
    sentenced to imprisonment of not more than one year or a fine of
    not more than $25,000, or both.
      (B) If a violation referred to in subparagraph (A) was committed
    after one or more prior convictions of the offender for an offense
    punishable under this paragraph (2), or for a crime under any other
    provision of this subchapter or subchapter II of this chapter or
    other law of the United States relating to narcotic drugs,
    marihuana, or depressant or stimulant substances, have become
    final, such person shall be sentenced to a term of imprisonment of
    not more than 2 years, a fine of $50,000, or both.
      (C) In addition to the penalties set forth elsewhere in this
    subchapter or subchapter II of this chapter, any business that
    violates paragraph (11) of subsection (a) of this section shall,
    with respect to the first such violation, be subject to a civil
    penalty of not more than $250,000, but shall not be subject to
    criminal penalties under this section, and shall, for any
    succeeding violation, be subject to a civil fine of not more than
    $250,000 or double the last previously imposed penalty, whichever
    is greater.
      (3) Except under the conditions specified in paragraph (2) of
    this subsection, a violation of this section does not constitute a
    crime, and a judgment for the United States and imposition of a
    civil penalty pursuant to paragraph (1) shall not give rise to any
    disability or legal disadvantage based on conviction for a criminal
    offense.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 402, Oct. 27, 1970, 84 Stat. 1262;
    Pub. L. 95-633, title II, Sec. 202(b)(1), (2), Nov. 10, 1978, 92
    Stat. 3776; Pub. L. 100-690, title VI, Sec. 6056, Nov. 18, 1988,
    102 Stat. 4318; Pub. L. 104-237, title II, Sec. 205, Oct. 3, 1996,
    110 Stat. 3103; Pub. L. 105-277, div.  A, Sec. 101(b) (title I,
    Sec. 117), Oct. 21, 1998, 112 Stat. 2681-50, 2681-68.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Schedules I and II, referred to in subsec. (b), are set out in
    section 812(c) of this title.
 
-MISC2-
                                 AMENDMENTS
      1998 - Subsec. (a)(5). Pub. L. 105-277, Sec. 101(b) (title I,
    Sec. 117(1)), inserted "negligently" before "fail".
      Subsec. (a)(10). Pub. L. 105-277, Sec. 101(b) (title I, Sec.
    117(2)), inserted "negligently" before "to fail".
      Subsec. (c)(1). Pub. L. 105-277, Sec. 101(b) (title I, Sec.
    117(3)), designated existing provisions as subpar. (A), inserted
    "subparagraph (B) of this paragraph and" before "paragraph
    (2)", and added subpar. (B).
      1996 - Subsec. (a). Pub. L. 104-237, Sec. 205(a), added par. (11)
    and closing provisions.
      Subsec. (c)(2)(C). Pub. L. 104-237, Sec. 205(b), added subpar.
    (C).
      1988 - Subsec. (a)(8). Pub. L. 100-690, Sec. 6056(a), inserted
    ", or to use to his own advantage or reveal (other than as
    authorized by section 830 of this title) any information that is
    confidential under such section" after "protection".
      Subsec. (a)(9). Pub. L. 100-690, Sec. 6056(b), amended par. (9)
    generally.  Prior to amendment, par. (9) read as follows: "to
    distribute or sell piperidine in violation of regulations
    established under section 830(a)(2) of this title, respecting
    presentation of identification."
      Subsec. (a)(10). Pub. L. 100-690, Sec. 6056(d), added par. (10).
      Subsec. (c)(2)(C). Pub. L. 100-690, Sec. 6056(c), struck out
    subpar. (C) which read as follows: "Subparagraphs (A) and (B)
    shall not apply to a violation of subsection (a)(5) of this section
    with respect to a refusal or failure to make a report required
    under section 830(a) of this title (relating to piperidine
    reporting)."
      1978 - Subsec. (a)(9). Pub. L. 95-633, Sec. 202(b)(1), added par.
    (9).
      Subsec. (c)(2)(C). Pub. L. 95-633, Sec. 202(b)(2), added subpar.
    (C).
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by Pub. L. 100-690 effective 120 days after Nov. 18,
    1988, see section 6061 of Pub. L. 100-690, set out as a note under
    section 802 of this title.
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-633 effective Nov. 10, 1978, see section
    203(a) of Pub. L. 95-633 set out as an Effective Date note under
    section 830 of this title.
                                  REPEALS
      Pub. L. 96-359, Sec. 8(b), Sept. 26, 1980, 94 Stat. 1194,
    repealed section 203(d) of Pub. L. 95-633, which had provided for
    the repeal of subsecs. (a)(9) and (c)(2)(C) of this section
    effective Jan. 1, 1981.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 843, 961 of this title.
 
-CITE-
    21 USC Sec. 843                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 843. Prohibited acts C
 
-STATUTE-
    (a) Unlawful acts
      It shall be unlawful for any person knowingly or intentionally -
        (1) who is a registrant to distribute a controlled substance
      classified in schedule I or II, in the course of his legitimate
      business, except pursuant to an order or an order form as
      required by section 828 of this title;
        (2) to use in the course of the manufacture, distribution, or
      dispensing of a controlled substance, or to use for the purpose
      of acquiring or obtaining a controlled substance, a registration
      number which is fictitious, revoked, suspended, expired, or
      issued to another person;
        (3) to acquire or obtain possession of a controlled substance
      by misrepresentation, fraud, forgery, deception, or subterfuge;
        (4)(A) to furnish false or fraudulent material information in,
      or omit any material information from, any application, report,
      record, or other document required to be made, kept, or filed
      under this subchapter or subchapter II of this chapter, or (B) to
      present false or fraudulent identification where the person is
      receiving or purchasing a listed chemical and the person is
      required to present identification under section 830(a) of this
      title;
        (5) to make, distribute, or possess any punch, die, plate,
      stone, or other thing designed to print, imprint, or reproduce
      the trademark, trade name, or other identifying mark, imprint, or
      device of another or any likeness of any of the foregoing upon
      any drug or container or labeling thereof so as to render such
      drug a counterfeit substance;
        (6) to possess any three-neck round-bottom flask, tableting
      machine, encapsulating machine, or gelatin capsule, or any
      equipment, chemical, product, or material which may be used to
      manufacture a controlled substance or listed chemical, knowing,
      intending, or having reasonable cause to believe, that it will be
      used to manufacture a controlled substance or listed chemical in
      violation of this subchapter or subchapter II of this chapter;
        (7) to manufacture, distribute, export, or import any
      three-neck round-bottom flask, tableting machine, encapsulating
      machine, or gelatin capsule, or any equipment, chemical, product,
      or material which may be used to manufacture a controlled
      substance or listed chemical, knowing, intending, or having
      reasonable cause to believe, that it will be used to manufacture
      a controlled substance or listed chemical in violation of this
      subchapter or subchapter II of this chapter or, in the case of an
      exportation, in violation of this subchapter or subchapter II of
      this chapter or of the laws of the country to which it is
      exported;
        (8) to create a chemical mixture for the purpose of evading a
      requirement of section 830 of this title or to receive a chemical
      mixture created for that purpose; or
        (9) to distribute, import, or export a list I chemical without
      the registration required by this subchapter or subchapter II of
      this chapter.
    (b) Communication facility
      It shall be unlawful for any person knowingly or intentionally to
    use any communication facility in committing or in causing or
    facilitating the commission of any act or acts constituting a
    felony under any provision of this subchapter or subchapter II of
    this chapter.  Each separate use of a communication facility shall
    be a separate offense under this subsection.  For purposes of this
    subsection, the term "communication facility" means any and all
    public and private instrumentalities used or useful in the
    transmission of writing, signs, signals, pictures, or sounds of all
    kinds and includes mail, telephone, wire, radio, and all other
    means of communication.
    (c) Advertisement
      It shall be unlawful for any person to place in any newspaper,
    magazine, handbill, or other publications, any written
    advertisement knowing that it has the purpose of seeking or
    offering illegally to receive, buy, or distribute a Schedule
    (FOOTNOTE 1) I controlled substance.  As used in this section the
    term "advertisement" includes, in addition to its ordinary
    meaning, such advertisements as those for a catalog of Schedule
    (FOOTNOTE 1) I controlled substances and any similar written
    advertisement that has the purpose of seeking or offering illegally
    to receive, buy, or distribute a Schedule (FOOTNOTE 1) I controlled
    substance.  The term "advertisement" does not include material
    which merely advocates the use of a similar material, which
    advocates a position or practice, and does not attempt to propose
    or facilitate an actual transaction in a Schedule (FOOTNOTE 1) I
    controlled substance.
       (FOOTNOTE 1) So in original.  Probably should not be
    capitalized.
    (d) Penalties
      (1) Except as provided in paragraph (2), any person who violates
    this section shall be sentenced to a term of imprisonment of not
    more than 4 years, a fine of not more than $30,000, or both; except
    that if any person commits such a violation after one or more prior
    convictions of him for violation of this section, or for a felony
    under any other provision of this subchapter or subchapter II of
    this chapter or other law of the United States relating to narcotic
    drugs, marihuana, or depressant or stimulant substances, have
    become final, such person shall be sentenced to a term of
    imprisonment of not more than 8 years, a fine of not more than
    $60,000, or both.
      (2) Any person who, with the intent to manufacture or to
    facilitate the manufacture of methamphetamine, violates paragraph
    (6) or (7) of subsection (a) of this section, shall be sentenced to
    a term of imprisonment of not more than 10 years, a fine of not
    more than $30,000, or both; except that if any person commits such
    a violation after one or more prior convictions of that person -
        (A) for a violation of paragraph (6) or (7) of subsection (a)
      of this section;
        (B) for a felony under any other provision of this subchapter
      or subchapter II of this chapter; or
        (C) under any other law of the United States or any State
      relating to controlled substances or listed chemicals,
    has become final, such person shall be sentenced to a term of
    imprisonment of not more than 20 years, a fine of not more than
    $60,000, or both.
    (e) Additional penalties
      In addition to any other applicable penalty, any person convicted
    of a felony violation of this section relating to the receipt,
    distribution, manufacture, exportation, or importation of a listed
    chemical may be enjoined from engaging in any transaction involving
    a listed chemical for not more than ten years.
    (f) Injunctions
      (1) In addition to any penalty provided in this section, the
    Attorney General is authorized to commence a civil action for
    appropriate declaratory or injunctive relief relating to violations
    of this section or section 842 of this title.
      (2) Any action under this subsection may be brought in the
    district court of the United States for the district in which the
    defendant is located or resides or is doing business.
      (3) Any order or judgment issued by the court pursuant to this
    subsection shall be tailored to restrain violations of this section
    or section 842 of this title.
      (4) The court shall proceed as soon as practicable to the hearing
    and determination of such an action.  An action under this
    subsection is governed by the Federal Rules of Civil Procedure
    except that, if an indictment has been returned against the
    respondent, discovery is governed by the Federal Rules of Criminal
    Procedure.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 403, Oct. 27, 1970, 84 Stat. 1263;
    Pub. L. 95-633, title II, Sec. 202(b)(3), Nov. 10, 1978, 92 Stat.
    3776; Pub. L. 98-473, title II, Sec. 516, Oct. 12, 1984, 98 Stat.
    2074; Pub. L. 99-570, title I, Sec. 1866(a), Oct. 27, 1986, 100
    Stat. 3207-54; Pub. L. 100-690, title VI, Sec. 6057, Nov. 18, 1988,
    102 Stat. 4319; Pub. L. 103-200, Sec. 3(g), Dec. 17, 1993, 107
    Stat. 2337; Pub. L. 103-322, title IX, Sec. 90106, Sept. 13, 1994,
    108 Stat. 1988; Pub. L. 104-237, title II, Sec. 203(a), 206(b),
    Oct. 3, 1996, 110 Stat. 3102, 3103.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Schedules I and II, referred to in subsecs. (a)(1) and (c), are
    set out in section 812(c) of this title.
      The Federal Rules of Civil Procedure, referred to in subsec.
    (f)(4), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.
      The Federal Rules of Criminal Procedure, referred to in subsec.
    (f)(4), are set out in the Appendix to Title 18, Crimes and
    Criminal Procedure.
 
-MISC2-
                                 AMENDMENTS
      1996 - Subsec. (d). Pub. L. 104-237, Sec. 203(a), inserted par.
    (1) designation, substituted "Except as provided in paragraph (2),
    any person" for "Any person", and added par. (2).
      Subsec. (e). Pub. L. 104-237, Sec. 206(b)(1), inserted
    "manufacture, exportation," after "distribution," and struck
    out "regulated" after "engaging in any".
      Subsec. (f). Pub. L. 104-237, Sec. 206(b)(2), added subsec. (f).
      1994 - Subsecs. (c) to (e). Pub. L. 103-322 added subsec. (c) and
    redesignated former subsecs. (c) and (d) as (d) and (e),
    respectively.
      1993 - Subsec. (a)(6), (7). Pub. L. 103-200, Sec. 3(g)(1),
    amended pars. (6) and (7) generally.  Prior to amendment, pars. (6)
    and (7) read as follows:
      "(6) to possess any three-neck round-bottom flask, tableting
    machine, encapsulating machine, gelatin capsule, or equipment
    specially designed or modified to manufacture a controlled
    substance, with intent to manufacture a controlled substance except
    as authorized by this subchapter;
      "(7) to manufacture, distribute, or import any three-neck
    round-bottom flask, tableting machine, encapsulating machine,
    gelatin capsule, or equipment specially designed or modified to
    manufacture a controlled substance, knowing that it will be used to
    manufacture a controlled substance except as authorized by this
    subchapter; or".
      Subsec. (a)(9). Pub. L. 103-200, Sec. 3(g)(2), (3), added par.
    (9).
      1988 - Subsec. (a)(4)(B). Pub. L. 100-690, Sec. 6057(a)(1),
    substituted "a listed chemical" for "piperidine".
      Subsec. (a)(6) to (8). Pub. L. 100-690, Sec. 6057(a)(2)-(4),
    added pars. (6) to (8).
      Subsec. (d). Pub. L. 100-690, Sec. 6057(b), added subsec. (d).
      1986 - Subsec. (a)(2). Pub. L. 99-570 substituted a semicolon for
    the period at end.
      1984 - Subsec. (a)(2). Pub. L. 98-473 added applicability to
    dispensing, acquiring, or obtaining a controlled substance, and
    applicability to an expired number.
      1978 - Subsec. (a)(4). Pub. L. 95-633, Sec. 202(b)(3), designated
    existing provisions as subpar. (A) and added subpar. (B).
                      EFFECTIVE DATE OF 1993 AMENDMENT
      Amendment by Pub. L. 103-200 effective on date that is 120 days
    after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
    a note under section 802 of this title.
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by Pub. L. 100-690 effective 120 days after Nov. 18,
    1988, see section 6061 of Pub. L. 100-690, set out as a note under
    section 802 of this title.
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-633 effective Nov. 10, 1978, except as
    otherwise provided, see section 203(a) of Pub. L. 95-633, set out
    as an Effective Date note under section 830 of this title.
                                  REPEALS
      Pub. L. 96-359, Sec. 8(b), Sept. 26, 1980, 94 Stat. 1194,
    repealed section 203(d) of Pub. L. 95-633, which had provided for
    the repeal of subsec. (a)(4)(B) of this section effective Jan. 1,
    1981.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 864 of this title.
 
-CITE-
    21 USC Sec. 844                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 844. Penalties for simple possession
 
-STATUTE-
    (a) Unlawful acts; penalties
      It shall be unlawful for any person knowingly or intentionally to
    possess a controlled substance unless such substance was obtained
    directly, or pursuant to a valid prescription or order, from a
    practitioner, while acting in the course of his professional
    practice, or except as otherwise authorized by this subchapter or
    subchapter II of this chapter.  It shall be unlawful for any person
    knowingly or intentionally to possess any list I chemical obtained
    pursuant to or under authority of a registration issued to that
    person under section 823 of this title or section 958 of this title
    if that registration has been revoked or suspended, if that
    registration has expired, or if the registrant has ceased to do
    business in the manner contemplated by his registration.  Any
    person who violates this subsection may be sentenced to a term of
    imprisonment of not more than 1 year, and shall be fined a minimum
    of $1,000, or both, except that if he commits such offense after a
    prior conviction under this subchapter or subchapter II of this
    chapter, or a prior conviction for any drug, narcotic, or chemical
    offense chargeable under the law of any State, has become final, he
    shall be sentenced to a term of imprisonment for not less than 15
    days but not more than 2 years, and shall be fined a minimum of
    $2,500, except, further, that if he commits such offense after two
    or more prior convictions under this subchapter or subchapter II of
    this chapter, or two or more prior convictions for any drug,
    narcotic, or chemical offense chargeable under the law of any
    State, or a combination of two or more such offenses have become
    final, he shall be sentenced to a term of imprisonment for not less
    than 90 days but not more than 3 years, and shall be fined a
    minimum of $5,000. Notwithstanding the preceding sentence, a person
    convicted under this subsection for the possession of a mixture or
    substance which contains cocaine base shall be imprisoned not less
    than 5 years and not more than 20 years, and fined a minimum of
    $1,000, if the conviction is a first conviction under this
    subsection and the amount of the mixture or substance exceeds 5
    grams, if the conviction is after a prior conviction for the
    possession of such a mixture or substance under this subsection
    becomes final and the amount of the mixture or substance exceeds 3
    grams, or if the conviction is after 2 or more prior convictions
    for the possession of such a mixture or substance under this
    subsection become final and the amount of the mixture or substance
    exceeds 1 gram.  Notwithstanding any penalty provided in this
    subsection, any person convicted under this subsection for the
    possession of flunitrazepam shall be imprisoned for not more than 3
    years, shall be fined as otherwise provided in this section, or
    both.  The imposition or execution of a minimum sentence required
    to be imposed under this subsection shall not be suspended or
    deferred.  Further, upon conviction, a person who violates this
    subsection shall be fined the reasonable costs of the investigation
    and prosecution of the offense, including the costs of prosecution
    of an offense as defined in sections 1918 and 1920 of title 28,
    except that this sentence shall not apply and a fine under this
    section need not be imposed if the court determines under the
    provision of title 18 that the defendant lacks the ability to pay.
    (b) Repealed. Pub. L. 98-473, title II, Sec. 219(a), Oct. 12, 1984,
        98 Stat. 2027
    (c) "Drug, narcotic, or chemical offense" defined
      As used in this section, the term "drug, narcotic, or chemical
    offense" means any offense which proscribes the possession,
    distribution, manufacture, cultivation, sale, transfer, or the
    attempt or conspiracy to possess, distribute, manufacture,
    cultivate, sell or transfer any substance the possession of which
    is prohibited under this subchapter.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 404, Oct. 27, 1970, 84 Stat. 1264;
    Pub. L. 98-473, title II, Sec. 219, Oct. 12, 1984, 98 Stat. 2027;
    Pub. L. 99-570, title I, Sec. 1052, Oct. 27, 1986, 100 Stat.
    3207-8; Pub. L. 100-690, title VI, Sec. 6371, 6480, Nov. 18, 1988,
    102 Stat. 4370, 4382; Pub. L. 101-647, title XII, Sec. 1201, title
    XIX, Sec. 1907, Nov. 29, 1990, 104 Stat. 4829, 4854; Pub. L.
    104-237, title II, Sec. 201(a), Oct. 3, 1996, 110 Stat. 3101; Pub.
    L. 104-305, Sec. 2(c), Oct. 13, 1996, 110 Stat. 3808.)
 
-MISC1-
                                 AMENDMENTS
      1996 - Subsec. (a). Pub. L. 104-305 inserted "Notwithstanding
    any penalty provided in this subsection, any person convicted under
    this subsection for the possession of flunitrazepam shall be
    imprisoned for not more than 3 years, shall be fined as otherwise
    provided in this section, or both." after "mixture or substance
    exceeds 1 gram."
      Pub. L. 104-237, Sec. 201(a)(1), inserted after first sentence
    "It shall be unlawful for any person knowingly or intentionally to
    possess any list I chemical obtained pursuant to or under authority
    of a registration issued to that person under section 823 of this
    title or section 958 of this title if that registration has been
    revoked or suspended, if that registration has expired, or if the
    registrant has ceased to do business in the manner contemplated by
    his registration." and substituted "drug, narcotic, or chemical"
    for "drug or narcotic" in two places.
      Subsec. (c). Pub. L. 104-237, Sec. 201(a)(2), substituted "drug,
    narcotic, or chemical" for "drug or narcotic".
      1990 - Subsec. (a). Pub. L. 101-647, Sec. 1907, inserted subsec.
    (a) designation.
      Pub. L. 101-647, Sec. 1201, substituted "shall be imprisoned not
    less than 5 years and not more than 20 years, and fined a minimum
    of $1,000" for "shall be fined under title 18 or imprisoned not
    less than 5 years and not more than 20 years, or both".
      1988 - Subsec. (a). Pub. L. 100-690, Sec. 6480(1)(A)-(C), struck
    out "but not more than $5,000" after "$1,000", "but not more
    than $10,000" after "$2,500", and "but not more than $25,000"
    after "$5,000" in second sentence.
      Pub. L. 100-690, Sec. 6371, inserted provisions relating to
    increased penalties in cases of certain serious crack possession
    offenses, making offenders subject to fines under title 18 or
    imprisonment to terms not less than 5 years nor more than 20 years,
    or both.
      1986 - Subsec. (a). Pub. L. 99-570 amended subsec. (a)
    generally.  Prior to amendment, subsec. (a) read as follows: "It
    shall be unlawful for any person knowingly or intentionally to
    possess a controlled substance unless such substance was obtained
    directly, or pursuant to a valid prescription or order, from a
    practitioner, while acting in the course of his professional
    practice, or except as otherwise authorized by this subchapter or
    subchapter II of this chapter.  Any person who violates this
    subsection shall be sentenced to a term of imprisonment of not more
    than one year, a fine of not more than $5,000, or both, except that
    if he commits such offense after a prior conviction or convictions
    under this subsection have become final, he shall be sentenced to a
    term of imprisonment of not more than 2 years, a fine of not more
    than $10,000 or both."
      Subsec. (b). Pub. L. 99-570, in amending subsec. (b) generally,
    substituted "Upon the discharge of such person and dismissal of
    the proceedings" for "Upon the dismissal of such person and
    discharge of the proceedings" in par. (2).
      Subsec. (c). Pub. L. 99-570, in amending section generally, added
    subsec. (c).
      1984 - Pub. L. 98-473 struck out subsec. (a) designation and
    struck out subsec. (b) which related to probation before judgment
    and expunging of records for first offense.
                      EFFECTIVE DATE OF 1984 AMENDMENT
      Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and
    applicable only to offenses committed after the taking effect of
    such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
    an Effective Date note under section 3551 of Title 18, Crimes and
    Criminal Procedure.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 841, 844a, 885 of this
    title; title 18 sections 3553, 3607; title 42 section 14052.
 
-CITE-
    21 USC Sec. 844a                                             01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 844a. Civil penalty for possession of small amounts of certain
        controlled substances
 
-STATUTE-
    (a) In general
      Any individual who knowingly possesses a controlled substance
    that is listed in section 841(b)(1)(A) of this title in violation
    of section 844 of this title in an amount that, as specified by
    regulation of the Attorney General, is a personal use amount shall
    be liable to the United States for a civil penalty in an amount not
    to exceed $10,000 for each such violation.
    (b) Income and net assets
      The income and net assets of an individual shall not be relevant
    to the determination whether to assess a civil penalty under this
    section or to prosecute the individual criminally.  However, in
    determining the amount of a penalty under this section, the income
    and net assets of an individual shall be considered.
    (c) Prior conviction
      A civil penalty may not be assessed under this section if the
    individual previously was convicted of a Federal or State offense
    relating to a controlled substance.
    (d) Limitation on number of assessments
      A civil penalty may not be assessed on an individual under this
    section on more than two separate occasions.
    (e) Assessment
      A civil penalty under this section may be assessed by the
    Attorney General only by an order made on the record after
    opportunity for a hearing in accordance with section 554 of title
    5. The Attorney General shall provide written notice to the
    individual who is the subject of the proposed order informing the
    individual of the opportunity to receive such a hearing with
    respect to the proposed order.  The hearing may be held only if the
    individual makes a request for the hearing before the expiration of
    the 30-day period beginning on the date such notice is issued.
    (f) Compromise
      The Attorney General may compromise, modify, or remit, with or
    without conditions, any civil penalty imposed under this section.
    (g) Judicial review
      If the Attorney General issues an order pursuant to subsection
    (e) of this section after a hearing described in such subsection,
    the individual who is the subject of the order may, before the
    expiration of the 30-day period beginning on the date the order is
    issued, bring a civil action in the appropriate district court of
    the United States. In such action, the law and the facts of the
    violation and the assessment of the civil penalty shall be
    determined de novo, and shall include the right of a trial by jury,
    the right to counsel, and the right to confront witnesses.  The
    facts of the violation shall be proved beyond a reasonable doubt.
    (h) Civil action
      If an individual does not request a hearing pursuant to
    subsection (e) of this section and the Attorney General issues an
    order pursuant to such subsection, or if an individual does not
    under subsection (g) of this section seek judicial review of such
    an order, the Attorney General may commence a civil action in any
    appropriate district court of the United States for the purpose of
    recovering the amount assessed and an amount representing interest
    at a rate computed in accordance with section 1961 of title 28.
    Such interest shall accrue from the expiration of the 30-day period
    described in subsection (g) of this section.  In such an action,
    the decision of the Attorney General to issue the order, and the
    amount of the penalty assessed by the Attorney General, shall not
    be subject to review.
    (i) Limitation
      The Attorney General may not under this subsection (FOOTNOTE 1)
    commence proceeding against an individual after the expiration of
    the 5-year period beginning on the date on which the individual
    allegedly violated subsection (a) of this section.
       (FOOTNOTE 1) So in original.  Probably should be "section".
    (j) Expungement procedures
      The Attorney General shall dismiss the proceedings under this
    section against an individual upon application of such individual
    at any time after the expiration of 3 years if -
        (1) the individual has not previously been assessed a civil
      penalty under this section;
        (2) the individual has paid the assessment;
        (3) the individual has complied with any conditions imposed by
      the Attorney General;
        (4) the individual has not been convicted of a Federal or State
      offense relating to a controlled substance; and
        (5) the individual agrees to submit to a drug test, and such
      test shows the individual to be drug free.
    A nonpublic record of a disposition under this subsection shall be
    retained by the Department of Justice solely for the purpose of
    determining in any subsequent proceeding whether the person
    qualified for a civil penalty or expungement under this section.
    If a record is expunged under this subsection, an individual
    concerning whom such an expungement has been made shall not be held
    thereafter under any provision of law to be guilty of perjury,
    false swearing, or making a false statement by reason of his
    failure to recite or acknowledge a proceeding under this section or
    the results thereof in response to an inquiry made of him for any
    purpose.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 405, formerly Pub. L. 100-690,
    title VI, Sec. 6486, Nov. 18, 1988, 102 Stat. 4384, renumbered Sec.
    405 of Pub. L. 91-513, and amended Pub. L. 101-647, title X, Sec.
    1002(g)(1), (2), Nov. 29, 1990, 104 Stat. 4828.)
 
-MISC1-
                              PRIOR PROVISIONS
      A prior section 405 of Pub. L. 91-513 was renumbered section 418
    and is classified to section 859 of this title.
                                 AMENDMENTS
      1990 - Subsec. (a). Pub. L. 101-647, Sec. 1002(g)(2)(A), made
    technical amendments to references to sections 841(b)(1)(A) and 844
    of this title to correct references to corresponding provisions of
    original act.
      Subsecs. (c), (j)(4). Pub. L. 101-647, Sec. 1002(g)(2)(B), (C),
    struck out "as defined in section 802 of this title" after
    "controlled substance".
 
-CITE-
    21 USC Sec. 845 to 845b                                      01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 845 to 845b. Transferred
 
-COD-
                                CODIFICATION
      Section 845, Pub. L. 91-513, title II, Sec. 405, Oct. 27, 1970,
    84 Stat. 1265, as amended, which related to distribution of
    controlled substances to persons under age twenty-one, was
    renumbered Sec. 418 of Pub. L. 91-513 by Pub. L. 101-647, title X,
    Sec. 1002(a)(1), Nov. 29, 1990, 104 Stat. 4827, and transferred to
    section 859 of this title.
      Section 845a, Pub. L. 91-513, title II, Sec. 405A, as added Pub.
    L. 98-473, title II, Sec. 503(a), Oct. 12, 1984, 98 Stat. 2069, and
    amended, which related to distribution or manufacturing of
    controlled substances in or near schools and colleges, was
    renumbered Sec. 419 of Pub. L. 91-513 by Pub. L. 101-647, title X,
    Sec. 1002(b), Nov. 29, 1990, 104 Stat. 4827, and transferred to
    section 860 of this title.
      Section 845b, Pub. L. 91-513, title II, Sec. 405B, as added Pub.
    L. 99-570, title I, Sec. 1102, Oct. 27, 1986, 100 Stat. 3207-10,
    and amended, which related to employment or use of persons under 18
    years of age in drug operations, was renumbered Sec. 420 of Pub. L.
    91-513 by Pub. L. 101-647, title X, Sec. 1002(c), Nov. 29, 1990,
    104 Stat. 4827, and transferred to section 861 of this title.
 
-CITE-
    21 USC Sec. 846                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 846. Attempt and conspiracy
 
-STATUTE-
      Any person who attempts or conspires to commit any offense
    defined in this subchapter shall be subject to the same penalties
    as those prescribed for the offense, the commission of which was
    the object of the attempt or conspiracy.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 406, Oct. 27, 1970, 84 Stat. 1265;
    Pub. L. 100-690, title VI, Sec. 6470(a), Nov. 18, 1988, 102 Stat.
    4377.)
 
-MISC1-
                                 AMENDMENTS
      1988 - Pub. L. 100-690 substituted "shall be subject to the same
    penalties as those prescribed for the offense" for "is punishable
    by imprisonment or fine or both which may not exceed the maximum
    punishment prescribed for the offense".
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 18 sections 36, 3553.
 
-CITE-
    21 USC Sec. 847                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 847. Additional penalties
 
-STATUTE-
      Any penalty imposed for violation of this subchapter shall be in
    addition to, and not in lieu of, any civil or administrative
    penalty or sanction authorized by law.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 407, Oct. 27, 1970, 84 Stat. 1265.)
 
-CITE-
    21 USC Sec. 848                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 848. Continuing criminal enterprise
 
-STATUTE-
    (a) Penalties; forfeitures
      Any person who engages in a continuing criminal enterprise shall
    be sentenced to a term of imprisonment which may not be less than
    20 years and which may be up to life imprisonment, to a fine not to
    exceed the greater of that authorized in accordance with the
    provisions of title 18 or $2,000,000 if the defendant is an
    individual or $5,000,000 if the defendant is other than an
    individual, and to the forfeiture prescribed in section 853 of this
    title; except that if any person engages in such activity after one
    or more prior convictions of him under this section have become
    final, he shall be sentenced to a term of imprisonment which may
    not be less than 30 years and which may be up to life imprisonment,
    to a fine not to exceed the greater of twice the amount authorized
    in accordance with the provisions of title 18 or $4,000,000 if the
    defendant is an individual or $10,000,000 if the defendant is other
    than an individual, and to the forfeiture prescribed in section 853
    of this title.
    (b) Life imprisonment for engaging in continuing criminal
        enterprise
      Any person who engages in a continuing criminal enterprise shall
    be imprisoned for life and fined in accordance with subsection (a)
    of this section, if -
        (1) such person is the principal administrator, organizer, or
      leader of the enterprise or is one of several such principal
      administrators, organizers, or leaders; and
        (2)(A) the violation referred to in subsection (c)(1) of this
      section involved at least 300 times the quantity of a substance
      described in subsection 841(b)(1)(B) of this title, or
        (B) the enterprise, or any other enterprise in which the
      defendant was the principal or one of several principal
      administrators, organizers, or leaders, received $10 million
      dollars in gross receipts during any twelve-month period of its
      existence for the manufacture, importation, or distribution of a
      substance described in section 841(b)(1)(B) of this title.
    (c) "Continuing criminal enterprise" defined
      For purposes of subsection (a) of this section, a person is
    engaged in a continuing criminal enterprise if -
        (1) he violates any provision of this subchapter or subchapter
      II of this chapter the punishment for which is a felony, and
        (2) such violation is a part of a continuing series of
      violations of this subchapter or subchapter II of this chapter -
          (A) which are undertaken by such person in concert with five
        or more other persons with respect to whom such person occupies
        a position of organizer, a supervisory position, or any other
        position of management, and
          (B) from which such person obtains substantial income or
        resources.
    (d) Suspension of sentence and probation prohibited
      In the case of any sentence imposed under this section,
    imposition or execution of such sentence shall not be suspended,
    probation shall not be granted, and the Act of July 15, 1932 (D.C.
    Code, secs. 24-203 - 24-207), shall not apply.
    (e) Death penalty
      (1) In addition to the other penalties set forth in this section
    -
        (A) any person engaging in or working in furtherance of a
      continuing criminal enterprise, or any person engaging in an
      offense punishable under section 841(b)(1)(A) of this title or
      section 960(b)(1) of this title who intentionally kills or
      counsels, commands, induces, procures, or causes the intentional
      killing of an individual and such killing results, shall be
      sentenced to any term of imprisonment, which shall not be less
      than 20 years, and which may be up to life imprisonment, or may
      be sentenced to death; and
        (B) any person, during the commission of, in furtherance of, or
      while attempting to avoid apprehension, prosecution or service of
      a prison sentence for, a felony violation of this subchapter or
      subchapter II of this chapter who intentionally kills or
      counsels, commands, induces, procures, or causes the intentional
      killing of any Federal, State, or local law enforcement officer
      engaged in, or on account of, the performance of such officer's
      official duties and such killing results, shall be sentenced to
      any term of imprisonment, which shall not be less than 20 years,
      and which may be up to life imprisonment, or may be sentenced to
      death.
      (2) As used in paragraph (1)(b), (FOOTNOTE 1) the term "law
    enforcement officer" means a public servant authorized by law or
    by a Government agency or Congress to conduct or engage in the
    prevention, investigation, prosecution or adjudication of an
    offense, and includes those engaged in corrections, probation, or
    parole functions.
       (FOOTNOTE 1) So in original.  Probably should be paragraph
    "(1)(B),".
    (g) (FOOTNOTE 2) Hearing required with respect to death penalty
       (FOOTNOTE 2) So in original.  Section does not contain a subsec.
    (f), see 1988 Amendment note below.
      A person shall be subjected to the penalty of death for any
    offense under this section only if a hearing is held in accordance
    with this section.
    (h) Notice by Government in death penalty cases
      (1) Whenever the Government intends to seek the death penalty for
    an offense under this section for which one of the sentences
    provided is death, the attorney for the Government, a reasonable
    time before trial or acceptance by the court of a plea of guilty,
    shall sign and file with the court, and serve upon the defendant, a
    notice -
        (A) that the Government in the event of conviction will seek
      the sentence of death; and
        (B) setting forth the aggravating factors enumerated in
      subsection (n) of this section and any other aggravating factors
      which the Government will seek to prove as the basis for the
      death penalty.
      (2) The court may permit the attorney for the Government to amend
    this notice for good cause shown.
    (i) Hearing before court or jury
      (1) When the attorney for the Government has filed a notice as
    required under subsection (h) of this section and the defendant is
    found guilty of or pleads guilty to an offense under subsection (e)
    of this section, the judge who presided at the trial or before whom
    the guilty plea was entered, or any other judge if the judge who
    presided at the trial or before whom the guilty plea was entered is
    unavailable, shall conduct a separate sentencing hearing to
    determine the punishment to be imposed.  The hearing shall be
    conducted -
        (A) before the jury which determined the defendant's guilt;
        (B) before a jury impaneled for the purpose of the hearing if -
          (i) the defendant was convicted upon a plea of guilty;
          (ii) the defendant was convicted after a trial before the
        court sitting without a jury;
          (iii) the jury which determined the defendant's guilt has
        been discharged for good cause; or
          (iv) after initial imposition of a sentence under this
        section, redetermination of the sentence under this section is
        necessary; or
        (C) before the court alone, upon the motion of the defendant
      and with the approval of the Government.
      (2) A jury impaneled under paragraph (1)(B) shall consist of 12
    members, unless, at any time before the conclusion of the hearing,
    the parties stipulate with the approval of the court that it shall
    consist of any number less than 12.
    (j) Proof of aggravating and mitigating factors
      Notwithstanding rule 32(c) of the Federal Rules of Criminal
    Procedure, when a defendant is found guilty of or pleads guilty to
    an offense under subsection (e) of this section, no presentence
    report shall be prepared.  In the sentencing hearing, information
    may be presented as to matters relating to any of the aggravating
    or mitigating factors set forth in subsections (m) and (n) of this
    section, or any other mitigating factor or any other aggravating
    factor for which notice has been provided under subsection
    (h)(1)(B) of this section.  Where information is presented relating
    to any of the aggravating factors set forth in subsection (n) of
    this section, information may be presented relating to any other
    aggravating factor for which notice has been provided under
    subsection (h)(1)(B) of this section.  Information presented may
    include the trial transcript and exhibits if the hearing is held
    before a jury or judge not present during the trial, or at the
    trial judge's discretion.  Any other information relevant to such
    mitigating or aggravating factors may be presented by either the
    Government or the defendant, regardless of its admissibility under
    the rules governing admission of evidence at criminal trials,
    except that information may be excluded if its probative value is
    substantially outweighed by the danger of unfair prejudice,
    confusion of the issues, or misleading the jury.  The Government
    and the defendant shall be permitted to rebut any information
    received at the hearing and shall be given fair opportunity to
    present argument as to the adequacy of the information to establish
    the existence of any of the aggravating or mitigating factors and
    as to appropriateness in that case of imposing a sentence of
    death.  The Government shall open the argument.  The defendant
    shall be permitted to reply.  The Government shall then be
    permitted to reply in rebuttal.  The burden of establishing the
    existence of any aggravating factor is on the Government, and is
    not satisfied unless established beyond a reasonable doubt.  The
    burden of establishing the existence of any mitigating factor is on
    the defendant, and is not satisfied unless established by a
    preponderance of the evidence.
    (k) Return of findings
      The jury, or if there is no jury, the court, shall consider all
    the information received during the hearing.  It shall return
    special findings identifying any aggravating factors set forth in
    subsection (n) of this section, found to exist.  If one of the
    aggravating factors set forth in subsection (n)(1) of this section
    and another of the aggravating factors set forth in paragraphs (2)
    through (12) of subsection (n) of this section is found to exist, a
    special finding identifying any other aggravating factor for which
    notice has been provided under subsection (h)(1)(B) of this
    section, may be returned.  A finding with respect to a mitigating
    factor may be made by one or more of the members of the jury, and
    any member of the jury who finds the existence of a mitigating
    factor may consider such a factor established for purposes of this
    subsection, regardless of the number of jurors who concur that the
    factor has been established.  A finding with respect to any
    aggravating factor must be unanimous.  If an aggravating factor set
    forth in subsection (n)(1) of this section is not found to exist or
    an aggravating factor set forth in subsection (n)(1) of this
    section is found to exist but no other aggravating factor set forth
    in subsection (n) of this section is found to exist, the court
    shall impose a sentence, other than death, authorized by law.  If
    an aggravating factor set forth in subsection (n)(1) of this
    section and one or more of the other aggravating factors set forth
    in subsection (n) of this section are found to exist, the jury, or
    if there is no jury, the court, shall then consider whether the
    aggravating factors found to exist sufficiently outweigh any
    mitigating factor or factors found to exist, or in the absence of
    mitigating factors, whether the aggravating factors are themselves
    sufficient to justify a sentence of death.  Based upon this
    consideration, the jury by unanimous vote, or if there is no jury,
    the court, shall recommend that a sentence of death shall be
    imposed rather than a sentence of life imprisonment without
    possibility of release or some other lesser sentence.  The jury or
    the court, regardless of its findings with respect to aggravating
    and mitigating factors, is never required to impose a death
    sentence and the jury shall be so instructed.
    (l) Imposition of sentence
      Upon the recommendation that the sentence of death be imposed,
    the court shall sentence the defendant to death.  Otherwise the
    court shall impose a sentence, other than death, authorized by
    law.  A sentence of death shall not be carried out upon a person
    who is under 18 years of age at the time the crime was committed.
    A sentence of death shall not be carried out upon a person who is
    mentally retarded.  A sentence of death shall not be carried out
    upon a person who, as a result of mental disability -
        (1) cannot understand the nature of the pending proceedings,
      what such person was tried for, the reason for the punishment, or
      the nature of the punishment; or
        (2) lacks the capacity to recognize or understand facts which
      would make the punishment unjust or unlawful, or lacks the
      ability to convey such information to counsel or to the court.
    (m) Mitigating factors
      In determining whether a sentence of death is to be imposed on a
    defendant, the finder of fact shall consider mitigating factors,
    including the following:
        (1) The defendant's capacity to appreciate the wrongfulness of
      the defendant's conduct or to conform conduct to the requirements
      of law was significantly impaired, regardless of whether the
      capacity was so impaired as to constitute a defense to the
      charge.
        (2) The defendant was under unusual and substantial duress,
      regardless of whether the duress was of such a degree as to
      constitute a defense to the charge.
        (3) The defendant is punishable as a principal (as defined in
      section 2 of title 18) in the offense, which was committed by
      another, but the defendant's participation was relatively minor,
      regardless of whether the participation was so minor as to
      constitute a defense to the charge.
        (4) The defendant could not reasonably have foreseen that the
      defendant's conduct in the course of the commission of murder, or
      other offense resulting in death for which the defendant was
      convicted, would cause, or would create a grave risk of causing,
      death to any person.
        (5) The defendant was youthful, although not under the age of
      18.
        (6) The defendant did not have a significant prior criminal
      record.
        (7) The defendant committed the offense under severe mental or
      emotional disturbance.
        (8) Another defendant or defendants, equally culpable in the
      crime, will not be punished by death.
        (9) The victim consented to the criminal conduct that resulted
      in the victim's death.
        (10) That other factors in the defendant's background or
      character mitigate against imposition of the death sentence.
    (n) Aggravating factors for homicide
      If the defendant is found guilty of or pleads guilty to an
    offense under subsection (e) of this section, the following
    aggravating factors are the only aggravating factors that shall be
    considered, unless notice of additional aggravating factors is
    provided under subsection (h)(1)(B) of this section:
        (1) The defendant -
          (A) intentionally killed the victim;
          (B) intentionally inflicted serious bodily injury which
        resulted in the death of the victim;
          (C) intentionally engaged in conduct intending that the
        victim be killed or that lethal force be employed against the
        victim, which resulted in the death of the victim;
          (D) intentionally engaged in conduct which -
            (i) the defendant knew would create a grave risk of death
          to a person, other than one of the participants in the
          offense; and
            (ii) resulted in the death of the victim.
        (2) The defendant has been convicted of another Federal
      offense, or a State offense resulting in the death of a person,
      for which a sentence of life imprisonment or a sentence of death
      was authorized by statute.
        (3) The defendant has previously been convicted of two or more
      State or Federal offenses punishable by a term of imprisonment of
      more than one year, committed on different occasions, involving
      the infliction of, or attempted infliction of, serious bodily
      injury upon another person.
        (4) The defendant has previously been convicted of two or more
      State or Federal offenses punishable by a term of imprisonment of
      more than one year, committed on different occasions, involving
      the distribution of a controlled substance.
        (5) In the commission of the offense or in escaping
      apprehension for a violation of subsection (e) of this section,
      the defendant knowingly created a grave risk of death to one or
      more persons in addition to the victims of the offense.
        (6) The defendant procured the commission of the offense by
      payment, or promise of payment, of anything of pecuniary value.
        (7) The defendant committed the offense as consideration for
      the receipt, or in the expectation of the receipt, of anything of
      pecuniary value.
        (8) The defendant committed the offense after substantial
      planning and premeditation.
        (9) The victim was particularly vulnerable due to old age,
      youth, or infirmity.
        (10) The defendant had previously been convicted of violating
      this subchapter or subchapter II of this chapter for which a
      sentence of five or more years may be imposed or had previously
      been convicted of engaging in a continuing criminal enterprise.
        (11) The violation of this subchapter in relation to which the
      conduct described in subsection (e) of this section occurred was
      a violation of section 859 of this title.
        (12) The defendant committed the offense in an especially
      heinous, cruel, or depraved manner in that it involved torture or
      serious physical abuse to the victim.
    (o) Right of defendant to justice without discrimination
      (1) In any hearing held before a jury under this section, the
    court shall instruct the jury that in its consideration of whether
    the sentence of death is justified it shall not consider the race,
    color, religious beliefs, national origin, or sex of the defendant
    or the victim, and that the jury is not to recommend a sentence of
    death unless it has concluded that it would recommend a sentence of
    death for the crime in question no matter what the race, color,
    religious beliefs, national origin, or sex of the defendant, or the
    victim, may be.  The jury shall return to the court a certificate
    signed by each juror that consideration of the race, color,
    religious beliefs, national origin, or sex of the defendant or the
    victim was not involved in reaching his or her individual decision,
    and that the individual juror would have made the same
    recommendation regarding a sentence for the crime in question no
    matter what the race, color, religious beliefs, national origin, or
    sex of the defendant, or the victim, may be.
      (2) Not later than one year from November 18, 1988, the
    Comptroller General shall conduct a study of the various procedures
    used by the several States for determining whether or not to impose
    the death penalty in particular cases, and shall report to the
    Congress on whether or not any or all of the various procedures
    create a significant risk that the race of a defendant, or the race
    of a victim against whom a crime was committed, influence the
    likelihood that defendants in those States will be sentenced to
    death.  In conducting the study required by this paragraph, the
    General Accounting Office shall -
        (A) use ordinary methods of statistical analysis, including
      methods comparable to those ruled admissible by the courts in
      race discrimination cases under title VII of the Civil Rights Act
      of 1964 (42 U.S.C. 2000e et seq.);
        (B) study only crimes occurring after January 1, 1976; and
        (C) determine what, if any, other factors, including any
      relation between any aggravating or mitigating factors and the
      race of the victim or the defendant, may account for any evidence
      that the race of the defendant, or the race of the victim,
      influences the likelihood that defendants will be sentenced to
      death.  In addition, the General Accounting Office shall examine
      separately and include in the report, death penalty cases
      involving crimes similar to those covered under this section.
    (p) Sentencing in capital cases in which death penalty is not
        sought or imposed
      If a person is convicted for an offense under subsection (e) of
    this section and the court does not impose the penalty of death,
    the court may impose a sentence of life imprisonment without the
    possibility of parole.
    (q) Appeal in capital cases; counsel for financially unable
        defendants
      (1) In any case in which the sentence of death is imposed under
    this section, the sentence of death shall be subject to review by
    the court of appeals upon appeal by the defendant.  Notice of
    appeal must be filed within the time prescribed for appeal of
    judgment in section 2107 of title 28. An appeal under this section
    may be consolidated with an appeal of the judgment of conviction.
    Such review shall have priority over all other cases.
      (2) On review of the sentence, the court of appeals shall
    consider the record, the evidence submitted during the trial, the
    information submitted during the sentencing hearing, the procedures
    employed in the sentencing hearing, and the special findings
    returned under this section.
      (3) The court shall affirm the sentence if it determines that -
        (A) the sentence of death was not imposed under the influence
      of passion, prejudice, or any other arbitrary factor; and
        (B) the information supports the special finding of the
      existence of every aggravating factor upon which the sentence was
      based, together with, or the failure to find, any mitigating
      factors as set forth or allowed in this section.
    In all other cases the court shall remand the case for
    reconsideration under this section.  The court of appeals shall
    state in writing the reasons for its disposition of the review of
    the sentence.
      (4)(A) Notwithstanding any other provision of law to the
    contrary, in every criminal action in which a defendant is charged
    with a crime which may be punishable by death, a defendant who is
    or becomes financially unable to obtain adequate representation or
    investigative, expert, or other reasonably necessary services at
    any time either -
        (i) before judgment; or
        (ii) after the entry of a judgment imposing a sentence of death
      but before the execution of that judgment;
    shall be entitled to the appointment of one or more attorneys and
    the furnishing of such other services in accordance with paragraphs
    (5), (6), (7), (8), and (9).
      (B) In any post conviction proceeding under section 2254 or 2255
    of title 28 seeking to vacate or set aside a death sentence, any
    defendant who is or becomes financially unable to obtain adequate
    representation or investigative, expert, or other reasonably
    necessary services shall be entitled to the appointment of one or
    more attorneys and the furnishing of such other services in
    accordance with paragraphs (5), (6), (7), (8), and (9).
      (5) If the appointment is made before judgment, at least one
    attorney so appointed must have been admitted to practice in the
    court in which the prosecution is to be tried for not less than
    five years, and must have had not less than three years experience
    in the actual trial of felony prosecutions in that court.
      (6) If the appointment is made after judgment, at least one
    attorney so appointed must have been admitted to practice in the
    court of appeals for not less than five years, and must have had
    not less than three years experience in the handling of appeals in
    that court in felony cases.
      (7) With respect to paragraphs (5) and (6), the court, for good
    cause, may appoint another attorney whose background, knowledge, or
    experience would otherwise enable him or her to properly represent
    the defendant, with due consideration to the seriousness of the
    possible penalty and to the unique and complex nature of the
    litigation.
      (8) Unless replaced by similarly qualified counsel upon the
    attorney's own motion or upon motion of the defendant, each
    attorney so appointed shall represent the defendant throughout
    every subsequent stage of available judicial proceedings, including
    pretrial proceedings, trial, sentencing, motions for new trial,
    appeals, applications for writ of certiorari to the Supreme Court
    of the United States, and all available post-conviction process,
    together with applications for stays of execution and other
    appropriate motions and procedures, and shall also represent the
    defendant in such competency proceedings and proceedings for
    executive or other clemency as may be available to the defendant.
      (9) Upon a finding that investigative, expert, or other services
    are reasonably necessary for the representation of the defendant,
    whether in connection with issues relating to guilt or the
    sentence, the court may authorize the defendant's attorneys to
    obtain such services on behalf of the defendant and, if so
    authorized, shall order the payment of fees and expenses therefor
    under paragraph (10). No ex parte proceeding, communication, or
    request may be considered pursuant to this section unless a proper
    showing is made concerning the need for confidentiality.  Any such
    proceeding, communication, or request shall be transcribed and made
    a part of the record available for appellate review.
      (10)(A) Compensation shall be paid to attorneys appointed under
    this subsection at a rate of not more than $125 per hour for
    in-court and out-of-court time.  Not less than 3 years after April
    24, 1996, the Judicial Conference is authorized to raise the
    maximum for hourly payment specified in the paragraph up to the
    aggregate of the overall average percentages of the adjustments in
    the rates of pay for the General Schedule made pursuant to section
    5305 of title 5 on or after April 24, 1996. After the rates are
    raised under the preceding sentence, such hourly range may be
    raised at intervals of not less than one year, up to the aggregate
    of the overall average percentages of such adjustments made since
    the last raise under this paragraph.
      (B) Fees and expenses paid for investigative, expert, and other
    reasonably necessary services authorized under paragraph (9) shall
    not exceed $7,500 in any case, unless payment in excess of that
    limit is certified by the court, or by the United States magistrate
    judge, if the services were rendered in connection with the case
    disposed of entirely before such magistrate judge, as necessary to
    provide fair compensation for services of an unusual character or
    duration, and the amount of the excess payment is approved by the
    chief judge of the circuit.  The chief judge of the circuit may
    delegate such approval authority to an active circuit judge.
      (C) The amounts paid under this paragraph for services in any
    case shall be disclosed to the public, after the disposition of the
    petition.
    (r) Refusal to participate by State and Federal correctional
        employees
      No employee of any State department of corrections or the Federal
    Bureau of Prisons and no employee providing services to that
    department or bureau under contract shall be required, as a
    condition of that employment, or contractual obligation to be in
    attendance at or to participate in any execution carried out under
    this section if such participation is contrary to the moral or
    religious convictions of the employee.  For purposes of this
    subsection, the term "participation in executions" includes
    personal preparation of the condemned individual and the apparatus
    used for execution and supervision of the activities of other
    personnel in carrying out such activities.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 408, Oct. 27, 1970, 84 Stat. 1265;
    Pub. L. 98-473, title II, Sec. 224(b), formerly Sec. 224(c), 305,
    Oct. 12, 1984, 98 Stat. 2030, 2050; Pub. L. 99-570, title I, Sec.
    1005(b)(2), 1252, 1253, Oct. 27, 1986, 100 Stat. 3207-6, 3207-14;
    Pub. L. 100-690, title VI, Sec. 6481, title VII, Sec. 7001, Nov.
    18, 1988, 102 Stat. 4382, 4387; Pub. L. 103-322, title XXXIII, Sec.
    330003(e), 330009(d), 330014, Sept. 13, 1994, 108 Stat. 2141, 2143,
    2146; Pub. L. 104-132, title I, Sec. 108, title IX, Sec. 903(b),
    Apr. 24, 1996, 110 Stat. 1226, 1318.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Act of July 15, 1932 (D.C. Code, secs. 24-203 - 24-207), referred
    to in subsec. (d), is act July 15, 1932, ch. 492, 47 Stat. 696, as
    amended, which is not classified to the Code.
      The Federal Rules of Criminal Procedure, referred to in subsec.
    (j), are set out in the Appendix to Title 18, Crimes and Criminal
    Procedure.
      The Civil Rights Act of 1964, referred to in subsec. (o)(2)(A),
    is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended.  Title
    VII of the Civil Rights Act of 1964 is classified generally to
    subchapter VI (Sec. 2000e et seq.) of chapter 21 of Title 42, The
    Public Health and Welfare. For complete classification of this Act
    to the Code, see Short Title note set out under section 2000a of
    Title 42 and Tables.
 
-MISC2-
                                 AMENDMENTS
      1996 - Subsec. (q)(9). Pub. L. 104-132, Sec. 108, amended par.
    (9) generally.  Prior to amendment, par. (9) read as follows:
    "Upon a finding in ex parte proceedings that investigative, expert
    or other services are reasonably necessary for the representation
    of the defendant, whether in connection with issues relating to
    guilt or sentence, the court shall authorize the defendant's
    attorneys to obtain such services on behalf of the defendant and
    shall order the payment of fees and expenses therefore, under
    paragraph (10). Upon a finding that timely procurement of such
    services could not practicably await prior authorization, the court
    may authorize the provision of and payment for such services nunc
    pro tunc."
      Subsec. (q)(10). Pub. L. 104-132, Sec. 903(b), amended par. (10)
    generally.  Prior to amendment, par. (10) read as follows:
    "Notwithstanding the rates and maximum limits generally applicable
    to criminal cases and any other provision of law to the contrary,
    the court shall fix the compensation to be paid to attorneys
    appointed under this subsection and the fees and expenses to be
    paid for investigative, expert, and other reasonably necessary
    services authorized under paragraph (9), at such rates or amounts
    as the court determines to be reasonably necessary to carry out the
    requirements of paragraphs (4) through (9)."
      1994 - Subsec. (b)(2)(A). Pub. L. 103-322, Sec. 330003(e),
    substituted "subsection (c)(1) of this section" for "subsection
    (d)(1) of this section".
      Subsec. (n)(11). Pub. L. 103-322, Sec. 330014, made technical
    amendment to reference to section 859 of this title to correct
    reference to corresponding section of original act.
      Subsec. (q)(8). Pub. L. 103-322, Sec. 330009(d), substituted
    "applications for writ" for "applications, for writ".
      1988 - Subsec. (a). Pub. L. 100-690, Sec. 6481(a), increased
    minimum term of imprisonment for first violations to 20 from 10
    years and for subsequent violations to 30 from 20 years.
      Subsecs. (c), (d). Pub. L. 100-690, Sec. 6481(b), redesignated
    subsecs. (d) and (e) as (c) and (d), respectively.
      Subsec. (e). Pub. L. 100-690, Sec. 7001(a)(2), added subsec. (e).
    Former subsec. (e) redesignated (d).
      Pub. L. 100-690, Sec. 7001(a)(1), which directed redesignation of
    former subsec. (e) as (f), could not be executed because of prior
    redesignation of former subsec. (e) as (d) by Pub. L. 100-690, Sec.
    6481(b), which resulted in there not being a subsec. (f).
      Subsecs. (g) to (r). Pub. L. 100-690, Sec. 7001(b), added
    subsecs. (g) to (r).
      1986 - Subsec. (a). Pub. L. 99-570, Sec. 1252, substituted "to a
    fine not to exceed the greater of that authorized in accordance
    with the provisions of title 18 or $2,000,000 if the defendant is
    an individual or $5,000,000 if the defendant is other than an
    individual," for "to a fine of not more than $100,000," and "to
    a fine not to exceed the greater of twice the amount authorized in
    accordance with the provisions of title 18 or $4,000,000 if the
    defendant is an individual or $10,000,000 if the defendant is other
    than an individual," for "to a fine of not more than $200,000,".
      Subsecs. (b) to (e). Pub. L. 99-570, Sec. 1253, added subsec. (b)
    and redesignated former subsecs. (b) and (c) as (d) and (e),
    respectively, which resulted in there not being a subsec. (c).
      1984 - Subsec. (a). Pub. L. 98-473, Sec. 305, struck out par. (1)
    designation, substituted references to section 853 of this title
    for references to paragraph (2) in two places, and struck out par.
    (2) which related to forfeitures to the United States by any person
    convicted under par. (1).
      Subsec. (d). Pub. L. 98-473, Sec. 305(b), struck out subsec. (d)
    relating to jurisdiction of courts of the United States.
      Subsec. (e). Pub. L. 98-473, Sec. 224(b), as renumbered by Pub.
    L. 99-570, Sec. 1005(b)(2), which directed the amendment of subsec.
    (c) of this section by striking out "and section 4202 of title 18
    of the United States Code", was executed by striking out that
    language in subsec. (e) to reflect the probable intent of Congress
    and the intervening amendment by Pub. L. 99-570, Sec. 1253, which
    redesignated subsec. (c) as (e). See 1986 Amendment note above.
                      EFFECTIVE DATE OF 1996 AMENDMENT
      Amendment by section 903(b) of Pub. L. 104-132 effective as to
    cases commenced or appeals perfected on or after Apr. 24, 1996, see
    section 903(c) of Pub. L. 104-132, set out as a note under section
    3006A of Title 18, Crimes and Criminal Procedure.
                      EFFECTIVE DATE OF 1984 AMENDMENT
      Amendment by section 224(b) of Pub. L. 98-473 effective Nov. 1,
    1987, and applicable only to offenses committed after the taking
    effect of such amendment, see section 235(a)(1) of Pub. L. 98-473,
    set out as an Effective Date note under section 3551 of Title 18,
    Crimes and Criminal Procedure.
                      GAO STUDY OF COST OF EXECUTIONS
      Section 7002 of title VII of Pub. L. 100-690, directed
    Comptroller General to conduct a study of cost of executions and
    report to Congress, prior to repeal by Pub. L. 104-66, title I,
    Sec. 1091(d), Dec. 21, 1995, 109 Stat. 722.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 853 of this title; title
    18 sections 36, 1956, 3553, 3559, 3591, 3592, 3663; title 28
    sections 2254, 2255.
 
-CITE-
    21 USC Sec. 849                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 849. Transportation safety offenses
 
-STATUTE-
    (a) Definitions
      In this section -
        "safety rest area" means a roadside facility with parking
      facilities for the rest or other needs of motorists.
        "truck stop" means a facility (including any parking lot
      appurtenant thereto) that -
          (A) has the capacity to provide fuel or service, or both, to
        any commercial motor vehicle (as defined in section 31301 of
        title 49), operating in commerce (as defined in that section);
        and
          (B) is located within 2,500 feet of the National System of
        Interstate and Defense Highways or the Federal-Aid Primary
        System.
    (b) First offense
      A person who violates section 841(a)(1) of this title or section
    856 of this title by distributing or possessing with intent to
    distribute a controlled substance in or on, or within 1,000 feet
    of, a truck stop or safety rest area is (except as provided in
    subsection (b) (FOOTNOTE 1) of this section) subject to -
       (FOOTNOTE 1) So in original.  Probably should be subsection
    "(c)".
        (1) twice the maximum punishment authorized by section 841(b)
      of this title; and
        (2) twice any term of supervised release authorized by section
      841(b) of this title for a first offense.
    (c) Subsequent offense
      A person who violates section 841(a)(1) of this title or section
    856 of this title by distributing or possessing with intent to
    distribute a controlled substance in or on, or within 1,000 feet
    of, a truck stop or a safety rest area after a prior conviction or
    convictions under subsection (a) (FOOTNOTE 2) of this section have
    become final is subject to -
       (FOOTNOTE 2) So in original.  Probably should be subsection
    "(b)".
        (1) 3 times the maximum punishment authorized by section 841(b)
      of this title; and
        (2) 3 times any term of supervised release authorized by
      section 841(b) of this title for a first offense.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 409, as added Pub. L. 103-322,
    title XVIII, Sec. 180201(b)(1), Sept. 13, 1994, 108 Stat. 2046.)
 
-MISC1-
                              PRIOR PROVISIONS
      A prior section 849, Pub. L. 91-513, title II, Sec. 409, Oct. 27,
    1970, 84 Stat. 1266; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100
    Stat. 2095, related to dangerous special drug offender sentencing,
    prior to repeal by Pub. L. 98-473, title II, Sec. 219(a),
    235(a)(1), Oct. 12, 1984, 98 Stat. 2027, 2031, eff.  Nov. 1, 1987,
    and applicable only to offenses committed after the taking effect
    of such repeal.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 841 of this title; title
    18 section 3663.
 
-CITE-
    21 USC Sec. 850                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 850. Information for sentencing
 
-STATUTE-
      Except as otherwise provided in this subchapter or section
    242a(a) (FOOTNOTE 1) of title 42, no limitation shall be placed on
    the information concerning the background, character, and conduct
    of a person convicted of an offense which a court of the United
    States may receive and consider for the purpose of imposing an
    appropriate sentence under this subchapter or subchapter II of this
    chapter.
       (FOOTNOTE 1) See References in Text note below.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 410, Oct. 27, 1970, 84 Stat. 1269.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Section 242a of title 42, referred to in text, was repealed by
    Pub. L. 106-310, div.  B, title XXXII, Sec. 3201(b)(1), Oct. 17,
    2000, 114 Stat. 1190.
 
-CITE-
    21 USC Sec. 851                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 851. Proceedings to establish prior convictions
 
-STATUTE-
    (a) Information filed by United States Attorney
      (1) No person who stands convicted of an offense under this part
    shall be sentenced to increased punishment by reason of one or more
    prior convictions, unless before trial, or before entry of a plea
    of guilty, the United States attorney files an information with the
    court (and serves a copy of such information on the person or
    counsel for the person) stating in writing the previous convictions
    to be relied upon.  Upon a showing by the United States attorney
    that facts regarding prior convictions could not with due diligence
    be obtained prior to trial or before entry of a plea of guilty, the
    court may postpone the trial or the taking of the plea of guilty
    for a reasonable period for the purpose of obtaining such facts.
    Clerical mistakes in the information may be amended at any time
    prior to the pronouncement of sentence.
      (2) An information may not be filed under this section if the
    increased punishment which may be imposed is imprisonment for a
    term in excess of three years unless the person either waived or
    was afforded prosecution by indictment for the offense for which
    such increased punishment may be imposed.
    (b) Affirmation or denial of previous conviction
      If the United States attorney files an information under this
    section, the court shall after conviction but before pronouncement
    of sentence inquire of the person with respect to whom the
    information was filed whether he affirms or denies that he has been
    previously convicted as alleged in the information, and shall
    inform him that any challenge to a prior conviction which is not
    made before sentence is imposed may not thereafter be raised to
    attack the sentence.
    (c) Denial; written response; hearing
      (1) If the person denies any allegation of the information of
    prior conviction, or claims that any conviction alleged is invalid,
    he shall file a written response to the information.  A copy of the
    response shall be served upon the United States attorney.  The
    court shall hold a hearing to determine any issues raised by the
    response which would except the person from increased punishment.
    The failure of the United States attorney to include in the
    information the complete criminal record of the person or any facts
    in addition to the convictions to be relied upon shall not
    constitute grounds for invalidating the notice given in the
    information required by subsection (a)(1) of this section.  The
    hearing shall be before the court without a jury and either party
    may introduce evidence.  Except as otherwise provided in paragraph
    (2) of this subsection, the United States attorney shall have the
    burden of proof beyond a reasonable doubt on any issue of fact.  At
    the request of either party, the court shall enter findings of fact
    and conclusions of law.
      (2) A person claiming that a conviction alleged in the
    information was obtained in violation of the Constitution of the
    United States shall set forth his claim, and the factual basis
    therefor, with particularity in his response to the information.
    The person shall have the burden of proof by a preponderance of the
    evidence on any issue of fact raised by the response.  Any
    challenge to a prior conviction, not raised by response to the
    information before an increased sentence is imposed in reliance
    thereon, shall be waived unless good cause be shown for failure to
    make a timely challenge.
    (d) Imposition of sentence
      (1) If the person files no response to the information, or if the
    court determines, after hearing, that the person is subject to
    increased punishment by reason of prior convictions, the court
    shall proceed to impose sentence upon him as provided by this part.
      (2) If the court determines that the person has not been
    convicted as alleged in the information, that a conviction alleged
    in the information is invalid, or that the person is otherwise not
    subject to an increased sentence as a matter of law, the court
    shall, at the request of the United States attorney, postpone
    sentence to allow an appeal from that determination.  If no such
    request is made, the court shall impose sentence as provided by
    this part.  The person may appeal from an order postponing sentence
    as if sentence had been pronounced and a final judgment of
    conviction entered.
    (e) Statute of limitations
      No person who stands convicted of an offense under this part may
    challenge the validity of any prior conviction alleged under this
    section which occurred more than five years before the date of the
    information alleging such prior conviction.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 411, Oct. 27, 1970, 84 Stat. 1269.)
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 962 of this title; title
    18 section 3559.
 
-CITE-
    21 USC Sec. 852                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 852. Application of treaties and other international
        agreements
 
-STATUTE-
      Nothing in the Single Convention on Narcotic Drugs, the
    Convention on Psychotropic Substances, or other treaties or
    international agreements shall be construed to limit the provision
    of treatment, education, or rehabilitation as alternatives to
    conviction or criminal penalty for offenses involving any drug or
    other substance subject to control under any such treaty or
    agreement.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 412, as added Pub. L. 95-633, title
    I, Sec. 107(a), Nov. 10, 1978, 92 Stat. 3773.)
 
-MISC1-
                               EFFECTIVE DATE
      Section effective on date the Convention on Psychotropic
    Substances enters into force in the United States (July 15, 1980),
    see section 112 of Pub. L. 95-633, set out as a note under section
    801a of this title.
 
-CITE-
    21 USC Sec. 853                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 853. Criminal forfeitures
 
-STATUTE-
    (a) Property subject to criminal forfeiture
      Any person convicted of a violation of this subchapter or
    subchapter II of this chapter punishable by imprisonment for more
    than one year shall forfeit to the United States, irrespective of
    any provision of State law -
        (1) any property constituting, or derived from, any proceeds
      the person obtained, directly or indirectly, as the result of
      such violation;
        (2) any of the person's property used, or intended to be used,
      in any manner or part, to commit, or to facilitate the commission
      of, such violation; and
        (3) in the case of a person convicted of engaging in a
      continuing criminal enterprise in violation of section 848 of
      this title, the person shall forfeit, in addition to any property
      described in paragraph (1) or (2), any of his interest in, claims
      against, and property or contractual rights affording a source of
      control over, the continuing criminal enterprise.
    The court, in imposing sentence on such person, shall order, in
    addition to any other sentence imposed pursuant to this subchapter
    or subchapter II of this chapter, that the person forfeit to the
    United States all property described in this subsection.  In lieu
    of a fine otherwise authorized by this part, a defendant who
    derives profits or other proceeds from an offense may be fined not
    more than twice the gross profits or other proceeds.
    (b) Meaning of term "property"
      Property subject to criminal forfeiture under this section
    includes -
        (1) real property, including things growing on, affixed to, and
      found in land; and
        (2) tangible and intangible personal property, including
      rights, privileges, interests, claims, and securities.
    (c) Third party transfers
      All right, title, and interest in property described in
    subsection (a) of this section vests in the United States upon the
    commission of the act giving rise to forfeiture under this
    section.  Any such property that is subsequently transferred to a
    person other than the defendant may be the subject of a special
    verdict of forfeiture and thereafter shall be ordered forfeited to
    the United States, unless the transferee establishes in a hearing
    pursuant to subsection (n) of this section that he is a bona fide
    purchaser for value of such property who at the time of purchase
    was reasonably without cause to believe that the property was
    subject to forfeiture under this section.
    (d) Rebuttable presumption
      There is a rebuttable presumption at trial that any property of a
    person convicted of a felony under this subchapter or subchapter II
    of this chapter is subject to forfeiture under this section if the
    United States establishes by a preponderance of the evidence that -
        (1) such property was acquired by such person during the period
      of the violation of this subchapter or subchapter II of this
      chapter or within a reasonable time after such period; and
        (2) there was no likely source for such property other than the
      violation of this subchapter or subchapter II of this chapter.
    (e) Protective orders
      (1) Upon application of the United States, the court may enter a
    restraining order or injunction, require the execution of a
    satisfactory performance bond, or take any other action to preserve
    the availability of property described in subsection (a) of this
    section for forfeiture under this section -
        (A) upon the filing of an indictment or information charging a
      violation of this subchapter or subchapter II of this chapter for
      which criminal forfeiture may be ordered under this section and
      alleging that the property with respect to which the order is
      sought would, in the event of conviction, be subject to
      forfeiture under this section; or
        (B) prior to the filing of such an indictment or information,
      if, after notice to persons appearing to have an interest in the
      property and opportunity for a hearing, the court determines that
      -
          (i) there is a substantial probability that the United States
        will prevail on the issue of forfeiture and that failure to
        enter the order will result in the property being destroyed,
        removed from the jurisdiction of the court, or otherwise made
        unavailable for forfeiture; and
          (ii) the need to preserve the availability of the property
        through the entry of the requested order outweighs the hardship
        on any party against whom the order is to be entered:
    Provided, however, That an order entered pursuant to subparagraph
    (B) shall be effective for not more than ninety days, unless
    extended by the court for good cause shown or unless an indictment
    or information described in subparagraph (A) has been filed.
      (2) A temporary restraining order under this subsection may be
    entered upon application of the United States without notice or
    opportunity for a hearing when an information or indictment has not
    yet been filed with respect to the property, if the United States
    demonstrates that there is probable cause to believe that the
    property with respect to which the order is sought would, in the
    event of conviction, be subject to forfeiture under this section
    and that provision of notice will jeopardize the availability of
    the property for forfeiture.  Such a temporary order shall expire
    not more than ten days after the date on which it is entered,
    unless extended for good cause shown or unless the party against
    whom it is entered consents to an extension for a longer period.  A
    hearing requested concerning an order entered under this paragraph
    shall be held at the earliest possible time and prior to the
    expiration of the temporary order.
      (3) The court may receive and consider, at a hearing held
    pursuant to this subsection, evidence and information that would be
    inadmissible under the Federal Rules of Evidence.
    (f) Warrant of seizure
      The Government may request the issuance of a warrant authorizing
    the seizure of property subject to forfeiture under this section in
    the same manner as provided for a search warrant.  If the court
    determines that there is probable cause to believe that the
    property to be seized would, in the event of conviction, be subject
    to forfeiture and that an order under subsection (e) of this
    section may not be sufficient to assure the availability of the
    property for forfeiture, the court shall issue a warrant
    authorizing the seizure of such property.
    (g) Execution
      Upon entry of an order of forfeiture under this section, the
    court shall authorize the Attorney General to seize all property
    ordered forfeited upon such terms and conditions as the court shall
    deem proper.  Following entry of an order declaring the property
    forfeited, the court may, upon application of the United States,
    enter such appropriate restraining orders or injunctions, require
    the execution of satisfactory performance bonds, appoint receivers,
    conservators, appraisers, accountants, or trustees, or take any
    other action to protect the interest of the United States in the
    property ordered forfeited.  Any income accruing to or derived from
    property ordered forfeited under this section may be used to offset
    ordinary and necessary expenses to the property which are required
    by law, or which are necessary to protect the interests of the
    United States or third parties.
    (h) Disposition of property
      Following the seizure of property ordered forfeited under this
    section, the Attorney General shall direct the disposition of the
    property by sale or any other commercially feasible means, making
    due provision for the rights of any innocent persons.  Any property
    right or interest not exercisable by, or transferable for value to,
    the United States shall expire and shall not revert to the
    defendant, nor shall the defendant or any person acting in concert
    with him or on his behalf be eligible to purchase forfeited
    property at any sale held by the United States. Upon application of
    a person, other than the defendant or a person acting in concert
    with him or on his behalf, the court may restrain or stay the sale
    or disposition of the property pending the conclusion of any appeal
    of the criminal case giving rise to the forfeiture, if the
    applicant demonstrates that proceeding with the sale or disposition
    of the property will result in irreparable injury, harm, or loss to
    him.
    (i) Authority of the Attorney General
      With respect to property ordered forfeited under this section,
    the Attorney General is authorized to -
        (1) grant petitions for mitigation or remission of forfeiture,
      restore forfeited property to victims of a violation of this
      subchapter, or take any other action to protect the rights of
      innocent persons which is in the interest of justice and which is
      not inconsistent with the provisions of this section;
        (2) compromise claims arising under this section;
        (3) award compensation to persons providing information
      resulting in a forfeiture under this section;
        (4) direct the disposition by the United States, in accordance
      with the provisions of section 881(e) of this title, of all
      property ordered forfeited under this section by public sale or
      any other commercially feasible means, making due provision for
      the rights of innocent persons; and
        (5) take appropriate measures necessary to safeguard and
      maintain property ordered forfeited under this section pending
      its disposition.
    (j) Applicability of civil forfeiture provisions
      Except to the extent that they are inconsistent with the
    provisions of this section, the provisions of section 881(d) of
    this title shall apply to a criminal forfeiture under this section.
    (k) Bar on intervention
      Except as provided in subsection (n) of this section, no party
    claiming an interest in property subject to forfeiture under this
    section may -
        (1) intervene in a trial or appeal of a criminal case involving
      the forfeiture of such property under this section; or
        (2) commence an action at law or equity against the United
      States concerning the validity of his alleged interest in the
      property subsequent to the filing of an indictment or information
      alleging that the property is subject to forfeiture under this
      section.
    (l) Jurisdiction to enter orders
      The district courts of the United States shall have jurisdiction
    to enter orders as provided in this section without regard to the
    location of any property which may be subject to forfeiture under
    this section or which has been ordered forfeited under this
    section.
    (m) Depositions
      In order to facilitate the identification and location of
    property declared forfeited and to facilitate the disposition of
    petitions for remission or mitigation of forfeiture, after the
    entry of an order declaring property forfeited to the United
    States, the court may, upon application of the United States, order
    that the testimony of any witness relating to the property
    forfeited be taken by deposition and that any designated book,
    paper, document, record, recording, or other material not
    privileged be produced at the same time and place, in the same
    manner as provided for the taking of depositions under Rule 15 of
    the Federal Rules of Criminal Procedure.
    (n) Third party interests
      (1) Following the entry of an order of forfeiture under this
    section, the United States shall publish notice of the order and of
    its intent to dispose of the property in such manner as the
    Attorney General may direct.  The Government may also, to the
    extent practicable, provide direct written notice to any person
    known to have alleged an interest in the property that is the
    subject of the order of forfeiture as a substitute for published
    notice as to those persons so notified.
      (2) Any person, other than the defendant, asserting a legal
    interest in property which has been ordered forfeited to the United
    States pursuant to this section may, within thirty days of the
    final publication of notice or his receipt of notice under
    paragraph (1), whichever is earlier, petition the court for a
    hearing to adjudicate the validity of his alleged interest in the
    property.  The hearing shall be held before the court alone,
    without a jury.
      (3) The petition shall be signed by the petitioner under penalty
    of perjury and shall set forth the nature and extent of the
    petitioner's right, title, or interest in the property, the time
    and circumstances of the petitioner's acquisition of the right,
    title, or interest in the property, any additional facts supporting
    the petitioner's claim, and the relief sought.
      (4) The hearing on the petition shall, to the extent practicable
    and consistent with the interests of justice, be held within thirty
    days of the filing of the petition.  The court may consolidate the
    hearing on the petition with a hearing on any other petition filed
    by a person other than the defendant under this subsection.
      (5) At the hearing, the petitioner may testify and present
    evidence and witnesses on his own behalf, and cross-examine
    witnesses who appear at the hearing.  The United States may present
    evidence and witnesses in rebuttal and in defense of its claim to
    the property and cross-examine witnesses who appear at the
    hearing.  In addition to testimony and evidence presented at the
    hearing, the court shall consider the relevant portions of the
    record of the criminal case which resulted in the order of
    forfeiture.
      (6) If, after the hearing, the court determines that the
    petitioner has established by a preponderance of the evidence that
    -
        (A) the petitioner has a legal right, title, or interest in the
      property, and such right, title, or interest renders the order of
      forfeiture invalid in whole or in part because the right, title,
      or interest was vested in the petitioner rather than the
      defendant or was superior to any right, title, or interest of the
      defendant at the time of the commission of the acts which gave
      rise to the forfeiture of the property under this section; or
        (B) the petitioner is a bona fide purchaser for value of the
      right, title, or interest in the property and was at the time of
      purchase reasonably without cause to believe that the property
      was subject to forfeiture under this section;
    the court shall amend the order of forfeiture in accordance with
    its determination.
      (7) Following the court's disposition of all petitions filed
    under this subsection, or if no such petitions are filed following
    the expiration of the period provided in paragraph (2) for the
    filing of such petitions, the United States shall have clear title
    to property that is the subject of the order of forfeiture and may
    warrant good title to any subsequent purchaser or transferee.
    (o) Construction
      The provisions of this section shall be liberally construed to
    effectuate its remedial purposes.
    (p) Forfeiture of substitute property
      If any of the property described in subsection (a) of this
    section, as a result of any act or omission of the defendant -
        (1) cannot be located upon the exercise of due diligence;
        (2) has been transferred or sold to, or deposited with, a third
      party;
        (3) has been placed beyond the jurisdiction of the court;
        (4) has been substantially diminished in value; or
        (5) has been commingled with other property which cannot be
      divided without difficulty;
    the court shall order the forfeiture of any other property of the
    defendant up to the value of any property described in paragraphs
    (1) through (5).
    (q) Restitution for cleanup of clandestine laboratory sites
      The court, when sentencing a defendant convicted of an offense
    under this subchapter or subchapter II of this chapter involving
    the manufacture of amphetamine or methamphetamine, shall -
        (1) order restitution as provided in sections 3612 and 3664 of
      title 18;
        (2) order the defendant to reimburse the United States, the
      State or local government concerned, or both the United States
      and the State or local government concerned for the costs
      incurred by the United States or the State or local government
      concerned, as the case may be, for the cleanup associated with
      the manufacture of amphetamine or methamphetamine by the
      defendant; and
        (3) order restitution to any person injured as a result of the
      offense as provided in section 3663A of title 18.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 413, as added and amended Pub. L.
    98-473, title II, Sec. 303, 2301(d)-(f), Oct. 12, 1984, 98 Stat.
    2044, 2192, 2193; Pub. L. 99-570, title I, Sec. 1153(b), 1864, Oct.
    27, 1986, 100 Stat. 3207-13, 3207-54; Pub. L. 104-237, title II,
    Sec. 207, Oct. 3, 1996, 110 Stat. 3104; Pub. L. 106-310, div.  B,
    title XXXVI, Sec. 3613(a), Oct. 17, 2000, 114 Stat. 1229.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Evidence, referred to in subsec. (e)(3), are
    set out in the Appendix to Title 28, Judiciary and Judicial
    Procedure.
      The Federal Rules of Criminal Procedure, referred to in subsec.
    (m), are set out in the Appendix to Title 18, Crimes and Criminal
    Procedure.
 
-MISC2-
                                 AMENDMENTS
      2000 - Subsec. (q). Pub. L. 106-310, Sec. 3613(a)(1), (2), in
    introductory provisions, inserted "amphetamine or" before
    "methamphetamine" and substituted "shall" for "may".
      Subsec. (q)(2). Pub. L. 106-310, Sec. 3613(a)(2), (3), inserted
    ", the State or local government concerned, or both the United
    States and the State or local government concerned" after "to
    reimburse the United States", "or the State or local government
    concerned, as the case may be," after "costs incurred by the
    United States", and "amphetamine or" before "methamphetamine".
      Subsec. (q)(3). Pub. L. 106-310, Sec. 3613(a)(4), substituted
    "section 3663A of title 18" for "section 3663 of title 18".
      1996 - Subsec. (q). Pub. L. 104-237 added subsec. (q).
      1986 - Subsec. (c). Pub. L. 99-570, Sec. 1864(1), substituted
    "subsection (n)" for "subsection (o)".
      Subsec. (f). Pub. L. 99-570, Sec. 1864(2), substituted
    "subsection (e)" for "subsection (f)".
      Subsec. (i)(1). Pub. L. 99-570, Sec. 1864(3), substituted "this
    subchapter" for "this chapter".
      Subsec. (k). Pub. L. 99-570, Sec. 1864(1), (4), which directed
    the substitution of "subsection (n)" for "subsection (o)" in
    "the second subsection (h)", and directed the redesignation of
    "the second subsection (h)" as subsection (k), were executed to
    this subsection because the "second subsection (h)" had been
    editorially redesignated subsec. (k) to reflect the probable intent
    of Congress. See 1984 Amendment note below.
      Subsec. (p). Pub. L. 99-570, Sec. 1153(b), which directed that
    "section 413 of title II of the Comprehensive Drug Abuse
    Prevention and Control Act of 1975" be amended "by redesignating
    subsection '(p)' as subsection '(q)' " and adding subsec. (p) was
    executed to this section, which is section 413 of the Comprehensive
    Drug Abuse Prevention and Control Act of 1970, as the probable
    intent of Congress, by adding a subsec. (p) in view of the prior
    redesignation of subsec. (p) as (o) by Pub. L. 98-473, Sec.
    2301(e)(2). See 1984 Amendment note below.
      1984 - Subsec. (a). Pub. L. 98-473, Sec. 2301(d), inserted "In
    lieu of a fine otherwise authorized by this part, a defendant who
    derives profits or other proceeds from an offense may be fined not
    more than twice the gross profits or other proceeds."
      Subsec. (d). Pub. L. 98-473, Sec. 2301(e), struck out subsec. (d)
    which related to forfeiture of property other than that described
    in subsec. (a) and the conditions therefor, and redesignated former
    subsec. (e) as (d).
      Subsecs. (e) to (p). Pub. L. 98-473, Sec. 2301(e)(2), which
    directed that this section be amended by redesignating subsecs.
    (e), (f), (g), (h), (i), (l), (m), (n), (o), and (p) as subsecs.
    (d), (e), (f), (g), (h), (i), (j), (h), (l), (m), (n), and (o),
    respectively, was executed by redesignating subsecs. (e) to (p) as
    (d) to (o), respectively, to give effect to the probable intent of
    Congress.
      Subsec. (n)(1). Pub. L. 98-473, Sec. 2301(f), struck out "for at
    least seven successive court days" after "to dispose of the
    property".
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 333, 848, 970 of this
    title; title 18 sections 38, 229B, 793, 794, 798, 982, 986, 1028,
    1029, 1834, 3554; title 28 section 2461; title 33 section 1415;
    title 42 section 1786; title 50 section 783.
 
-CITE-
    21 USC Sec. 853a                                             01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 853a. Transferred
 
-COD-
                                CODIFICATION
      Section, Pub. L. 100-690, title V, Sec. 5301, Nov. 18, 1988, 102
    Stat. 4310, which related to denial of Federal benefits to drug
    traffickers and possessors, was renumbered section 421 of the
    Controlled Substances Act by Pub. L. 101-647, title X, Sec.
    1002(d)(1), Nov. 29, 1990, 104 Stat. 4827, and is classified to
    section 862 of this title.
 
-CITE-
    21 USC Sec. 854                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 854. Investment of illicit drug profits
 
-STATUTE-
    (a) Prohibition
      It shall be unlawful for any person who has received any income
    derived, directly or indirectly, from a violation of this
    subchapter or subchapter II of this chapter punishable by
    imprisonment for more than one year in which such person has
    participated as a principal within the meaning of section 2 of
    title 18, to use or invest, directly or indirectly, any part of
    such income, or the proceeds of such income, in acquisition of any
    interest in, or the establishment or operation of, any enterprise
    which is engaged in, or the activities of which affect interstate
    or foreign commerce.  A purchase of securities on the open market
    for purposes of investment, and without the intention of
    controlling or participating in the control of the issuer, or of
    assisting another to do so, shall not be unlawful under this
    section if the securities of the issuer held by the purchaser, the
    members of his immediate family, and his or their accomplices in
    any violation of this subchapter or subchapter II of this chapter
    after such purchase do not amount in the aggregate to 1 per centum
    of the outstanding securities of any one class, and do not confer,
    either in law or in fact, the power to elect one or more directors
    of the issuer.
    (b) Penalty
      Whoever violates this section shall be fined not more than
    $50,000 or imprisoned not more than ten years, or both.
    (c) "Enterprise" defined
      As used in this section, the term "enterprise" includes any
    individual, partnership, corporation, association, or other legal
    entity, and any union or group of individuals associated in fact
    although not a legal entity.
    (d) Construction
      The provisions of this section shall be liberally construed to
    effectuate its remedial purposes.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 414, as added Pub. L. 98-473, title
    II, Sec. 303, Oct. 12, 1984, 98 Stat. 2049.)
 
-CITE-
    21 USC Sec. 855                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 855. Alternative fine
 
-STATUTE-
      In lieu of a fine otherwise authorized by this part, a defendant
    who derives profits or other proceeds from an offense may be fined
    not more than twice the gross profits or other proceeds.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 415, as added Pub. L. 98-473, title
    II, Sec. 2302, Oct. 12, 1984, 98 Stat. 2193.)
 
-CITE-
    21 USC Sec. 856                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 856. Establishment of manufacturing operations
 
-STATUTE-
    (a) Unlawful acts
      Except as authorized by this subchapter, it shall be unlawful to
    -
        (1) knowingly open or maintain any place for the purpose of
      manufacturing, distributing, or using any controlled substance;
        (2) manage or control any building, room, or enclosure, either
      as an owner, lessee, agent, employee, or mortgagee, and knowingly
      and intentionally rent, lease, or make available for use, with or
      without compensation, the building, room, or enclosure for the
      purpose of unlawfully manufacturing, storing, distributing, or
      using a controlled substance.
    (b) Penalties
      Any person who violates subsection (a) of this section shall be
    sentenced to a term of imprisonment of not more than 20 years or a
    fine of not more than $500,000, or both, or a fine of $2,000,000
    for a person other than an individual.
    (c) Violation as offense against property
      A violation of subsection (a) of this section shall be considered
    an offense against property for purposes of section
    3663A(c)(1)(A)(ii) of title 18.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 416, as added Pub. L. 99-570, title
    I, Sec. 1841(a), Oct. 27, 1986, 100 Stat. 3207-52; amended Pub. L.
    106-310, div.  B, title XXXVI, Sec. 3613(e), Oct. 17, 2000, 114
    Stat. 1230.)
 
-MISC1-
                                 AMENDMENTS
      2000 - Subsec. (c). Pub. L. 106-310 added subsec. (c).
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 849, 860 of this title;
    title 18 sections 3663, 3663A.
 
-CITE-
    21 USC Sec. 857                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 857. Repealed. Pub. L. 101-647, title XXIV, Sec. 2401(d), Nov.
        29, 1990, 104 Stat. 4859
 
-MISC1-
      Section, Pub. L. 99-570, title I, Sec. 1822, Oct. 27, 1986, 100
    Stat. 3207-51; Pub. L. 100-690, title VI, Sec. 6485, Nov. 18, 1988,
    102 Stat. 4384; Pub. L. 101-647, title XXIV, Sec. 2401(b), Nov. 29,
    1990, 104 Stat. 4859, related to interstate and foreign sale and
    transportation of drug paraphernalia.
      Subsec. (a), which related to unlawful acts, was repealed.
      Subsecs. (b) to (f) were redesignated as subsecs. (b) to (f) of
    section 422 of the Controlled Substances Act by section 2401(b) of
    Pub. L. 101-647 and transferred to section 863(b) to (f) of this
    title.
                               EFFECTIVE DATE
      Section 1823 of Pub. L. 99-570 which provided that subtitle O
    (Sec. 1821-1823) of title I of Pub. L. 99-570, enacting this
    section and provisions set out as a note under section 801 of this
    title, was to become effective 90 days after Oct. 27, 1986, was
    repealed by Pub. L. 101-647, title XXIV, Sec. 2401(d), Nov. 29,
    1990, 104 Stat. 4859.
 
-CITE-
    21 USC Sec. 858                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 858. Endangering human life while illegally manufacturing
        controlled substance
 
-STATUTE-
      Whoever, while manufacturing a controlled substance in violation
    of this subchapter, or attempting to do so, or transporting or
    causing to be transported materials, including chemicals, to do so,
    creates a substantial risk of harm to human life shall be fined in
    accordance with title 18 or imprisoned not more than 10 years, or
    both.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 417, as added Pub. L. 100-690,
    title VI, Sec. 6301(a), Nov. 18, 1988, 102 Stat. 4370.)
 
-CITE-
    21 USC Sec. 859                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 859. Distribution to persons under age twenty-one
 
-STATUTE-
    (a) First offense
      Except as provided in section 860 of this title, any person at
    least eighteen years of age who violates section 841(a)(1) of this
    title by distributing a controlled substance to a person under
    twenty-one years of age is (except as provided in subsection (b) of
    this section) subject to (1) twice the maximum punishment
    authorized by section 841(b) of this title, and (2) at least twice
    any term of supervised release authorized by section 841(b) of this
    title, for a first offense involving the same controlled substance
    and schedule.  Except to the extent a greater minimum sentence is
    otherwise provided by section 841(b) of this title, a term of
    imprisonment under this subsection shall be not less than one
    year.  The mandatory minimum sentencing provisions of this
    subsection shall not apply to offenses involving 5 grams or less of
    marihuana.
    (b) Second offense
      Except as provided in section 860 of this title, any person at
    least eighteen years of age who violates section 841(a)(1) of this
    title by distributing a controlled substance to a person under
    twenty-one years of age after a prior conviction under subsection
    (a) of this section (or under section 333(b) of this title as in
    effect prior to May 1, 1971) has become final, is subject to (1)
    three times the maximum punishment authorized by section 841(b) of
    this title, and (2) at least three times any term of supervised
    release authorized by section 841(b) of this title, for a second or
    subsequent offense involving the same controlled substance and
    schedule.  Except to the extent a greater minimum sentence is
    otherwise provided by section 841(b) of this title, a term of
    imprisonment under this subsection shall be not less than one
    year.  Penalties for third and subsequent convictions shall be
    governed by section 841(b)(1)(A) of this title.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 418, formerly Sec. 405, Oct. 27,
    1970, 84 Stat. 1265; Pub. L. 98-473, title II, Sec. 224(b),
    503(b)(3), Oct. 12, 1984, 98 Stat. 2030, 2070; Pub. L. 99-570,
    title I, Sec. 1004(a), 1005(b)(1), 1105(a), (b), Oct. 27, 1986, 100
    Stat. 3207-6, 3207-11; Pub. L. 100-690, title VI, Sec. 6452(b),
    6455, 6456, Nov. 18, 1988, 102 Stat. 4371, 4372; renumbered Sec.
    418 and amended Pub. L. 101-647, title X, Sec. 1002(a), 1003(a),
    title XXXV, Sec. 3599L, Nov. 29, 1990, 104 Stat. 4827, 4828, 4932.)
 
-COD-
                                CODIFICATION
      Section was classified to section 845 of this title prior to
    renumbering by Pub. L. 101-647.
 
-MISC3-
                                 AMENDMENTS
      1990 - Subsec. (a). Pub. L. 101-647, Sec. 1003(a)(1), substituted
    "subject to (1) twice the maximum punishment authorized by section
    841(b) of this title" for "punishable by (1) a term of
    imprisonment, or a fine, or both, up to twice that authorized by
    section 841(b) of this title".
      Pub. L. 101-647, Sec. 1002(a)(2)(A), substituted "section 860"
    for "section 845a".
      Subsec. (b). Pub. L. 101-647, Sec. 3599L, substituted "has
    become final" for "have become final".
      Pub. L. 101-647, Sec. 1003(a)(2), substituted "subject to (1)
    three times the maximum punishment authorized by section 841(b) of
    this title" for "punishable by (1) a term of imprisonment, or a
    fine, or both, up to three times that authorized by section 841(b)
    of this title".
      Pub. L. 101-647, Sec. 1002(a)(2)(B), substituted "section 860"
    for "section 845a".
      1988 - Subsec. (a). Pub. L. 100-690, Sec. 6455, inserted at end
    "The mandatory minimum sentencing provisions of this subsection
    shall not apply to offenses involving 5 grams or less of
    marihuana."
      Subsec. (b). Pub. L. 100-690, Sec. 6452(b), struck out "or
    subsequent" after "Second" in heading, and in text struck out
    "or convictions" after "a prior conviction", and inserted at
    end "Penalties for third and subsequent convictions shall be
    governed by section 841(b)(1)(A) of this title."
      Pub. L. 100-690, Sec. 6456, struck out "The mandatory minimum
    sentencing provisions of this paragraph shall not apply to offenses
    involving 5 grams or less of marihuana."
      1986 - Subsec. (a). Pub. L. 99-570, Sec. 1105(a), inserted
    "Except to the extent a greater minimum sentence is otherwise
    provided by section 841(b) of this title, a term of imprisonment
    under this subsection shall be not less than one year."
      Pub. L. 99-570, Sec. 1004(a), substituted "term of supervised
    release" for "special parole term".
      Subsec. (b). Pub. L. 99-570, Sec. 1105(b), inserted "Except to
    the extent a greater minimum sentence is otherwise provided by
    section 841(b) of this title, a term of imprisonment under this
    subsection shall be not less than one year.  The mandatory minimum
    sentencing provisions of this paragraph shall not apply to offenses
    involving 5 grams or less of marihuana."
      Pub. L. 99-570, Sec. 1004(a), substituted "term of supervised
    release" for "special parole term".
      1984 - Subsecs. (a), (b). Pub. L. 98-473, Sec. 503(b)(3),
    substituted "Except as provided in section 845a of this title,
    any" for "Any".
      Pub. L. 98-473, Sec. 224(b), which directed amendment of this
    section effective Nov. 1, 1987 (see section 235(a)(1) of Pub. L.
    98-473 set out as an Effective Date note under section 3551 of
    Title 18, Crimes and Criminal Procedure) was repealed by Pub. L.
    99-570, Sec. 1005(b)(1).
                      EFFECTIVE DATE OF 1986 AMENDMENT
      Amendment by section 1004(a) of Pub. L. 99-570 effective on date
    of taking effect of section 3583 of Title 18, Crimes and Criminal
    Procedure (Nov. 1, 1987), see section 1004(b) of Pub. L. 99-570 set
    out as a note under section 841 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 841 of this title; title
    18 section 3592.
 
-CITE-
    21 USC Sec. 860                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 860. Distribution or manufacturing in or near schools and
        colleges
 
-STATUTE-
    (a) Penalty
      Any person who violates section 841(a)(1) of this title or
    section 856 of this title by distributing, possessing with intent
    to distribute, or manufacturing a controlled substance in or on, or
    within one thousand feet of, the real property comprising a public
    or private elementary, vocational, or secondary school or a public
    or private college, junior college, or university, or a playground,
    or housing facility owned by a public housing authority, or within
    100 feet of a public or private youth center, public swimming pool,
    or video arcade facility, is (except as provided in subsection (b)
    of this section) subject to (1) twice the maximum punishment
    authorized by section 841(b) of this title; and (2) at least twice
    any term of supervised release authorized by section 841(b) of this
    title for a first offense.  A fine up to twice that authorized by
    section 841(b) of this title may be imposed in addition to any term
    of imprisonment authorized by this subsection.  Except to the
    extent a greater minimum sentence is otherwise provided by section
    841(b) of this title, a person shall be sentenced under this
    subsection to a term of imprisonment of not less than one year.
    The mandatory minimum sentencing provisions of this paragraph shall
    not apply to offenses involving 5 grams or less of marihuana.
    (b) Second offenders
      Any person who violates section 841(a)(1) of this title or
    section 856 of this title by distributing, possessing with intent
    to distribute, or manufacturing a controlled substance in or on, or
    within one thousand feet of, the real property comprising a public
    or private elementary, vocational, or secondary school or a public
    or private college, junior college, or university, or a playground,
    or housing facility owned by a public housing authority, or within
    100 feet of a public or private youth center, public swimming pool,
    or video arcade facility, after a prior conviction under subsection
    (a) of this section has become final is punishable (1) by the
    greater of (A) a term of imprisonment of not less than three years
    and not more than life imprisonment or (B) three times the maximum
    punishment authorized by section 841(b) of this title for a first
    offense, and (2) at least three times any term of supervised
    release authorized by section 841(b) of this title for a first
    offense.  A fine up to three times that authorized by section
    841(b) of this title may be imposed in addition to any term of
    imprisonment authorized by this subsection.  Except to the extent a
    greater minimum sentence is otherwise provided by section 841(b) of
    this title, a person shall be sentenced under this subsection to a
    term of imprisonment of not less than three years.  Penalties for
    third and subsequent convictions shall be governed by section
    841(b)(1)(A) of this title.
    (c) Employing children to distribute drugs near schools or
        playgrounds
      Notwithstanding any other law, any person at least 21 years of
    age who knowingly and intentionally -
        (1) employs, hires, uses, persuades, induces, entices, or
      coerces a person under 18 years of age to violate this section;
      or
        (2) employs, hires, uses, persuades, induces, entices, or
      coerces a person under 18 years of age to assist in avoiding
      detection or apprehension for any offense under this section by
      any Federal, State, or local law enforcement official,
    is punishable by a term of imprisonment, a fine, or both, up to
    triple those authorized by section 841 of this title.
    (d) Suspension of sentence; probation; parole
      In the case of any mandatory minimum sentence imposed under this
    section, imposition or execution of such sentence shall not be
    suspended and probation shall not be granted.  An individual
    convicted under this section shall not be eligible for parole until
    the individual has served the mandatory minimum term of
    imprisonment as provided by this section.
    (e) Definitions
      For the purposes of this section -
        (1) The term "playground" means any outdoor facility
      (including any parking lot appurtenant thereto) intended for
      recreation, open to the public, and with any portion thereof
      containing three or more separate apparatus intended for the
      recreation of children including, but not limited to, sliding
      boards, swingsets, and teeterboards.
        (2) The term "youth center" means any recreational facility
      and/or gymnasium (including any parking lot appurtenant thereto),
      intended primarily for use by persons under 18 years of age,
      which regularly provides athletic, civic, or cultural activities.
        (3) The term "video arcade facility" means any facility,
      legally accessible to persons under 18 years of age, intended
      primarily for the use of pinball and video machines for amusement
      containing a minimum of ten pinball and/or video machines.
        (4) The term "swimming pool" includes any parking lot
      appurtenant thereto.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 419, formerly Sec. 405A, as added
    Pub. L. 98-473, title II, Sec. 503(a), Oct. 12, 1984, 98 Stat.
    2069; amended Pub. L. 99-570, title I, Sec. 1004(a), 1104, 1105(c),
    1841(b), 1866(b), (c), Oct. 27, 1986, 100 Stat. 3207-6, 3207-11,
    3207-52, 3207-55; Pub. L. 99-646, Sec. 28, Nov. 10, 1986, 100 Stat.
    3598; Pub. L. 100-690, title VI, Sec. 6452(b)(1), 6457, 6458, Nov.
    18, 1988, 102 Stat. 4371, 4373; renumbered Sec. 419 and amended
    Pub. L. 101-647, title X, Sec. 1002(b), 1003(b), title XII, Sec.
    1214, title XV, Sec. 1502, title XXXV, Sec. 3599L, Nov. 29, 1990,
    104 Stat. 4827, 4829, 4833, 4836, 4932; Pub. L. 103-322, title XIV,
    Sec. 140006, title XXXII, Sec. 320107, title XXXIII, Sec.
    330009(a), Sept. 13, 1994, 108 Stat. 2032, 2111, 2143.)
 
-COD-
                                CODIFICATION
      Section was classified to section 845a of this title prior to
    renumbering by Pub. L. 101-647.
 
-MISC3-
                                 AMENDMENTS
      1994 - Subsec. (a). Pub. L. 103-322, Sec. 320107, substituted
    "playground, or housing facility owned by a public housing
    authority, or within" for "playground, or within".
      Subsec. (b). Pub. L. 103-322, Sec. 320107, 330009(a), substituted
    "playground, or housing facility owned by a public housing
    authority, or within" for "playground, or within" and inserted a
    period at end of penultimate sentence.
      Subsecs. (c) to (e). Pub. L. 103-322, Sec. 140006, added subsec.
    (c) and redesignated former subsecs. (c) and (d) as (d) and (e),
    respectively.
      1990 - Subsec. (a). Pub. L. 101-647, Sec. 1502(1), inserted "or
    a playground," after "university," and struck out
    "playground," after "within 100 feet of a".
      Pub. L. 101-647, Sec. 1214(1)(C), substituted "a person shall be
    sentenced under this subsection to a term of imprisonment of not
    less than one year" for "a term of imprisonment under this
    subsection shall be not less than one year".
      Pub. L. 101-647, Sec. 1214(1)(B), inserted "A fine up to twice
    that authorized by section 841(b) of this title may be imposed in
    addition to any term of imprisonment authorized by this
    subsection."
      Pub. L. 101-647, Sec. 1214(1)(A), which directed the amendment of
    par. (1) by striking out ", or a fine, or both," could not be
    executed because those words did not appear.  See note below.
      Pub. L. 101-647, Sec. 1003(b)(1), which directed the substitution
    of "subject to (1) twice the maximum punishment authorized by
    section 841(b) of this title" for "punishable (1) by a term of
    imprisonment, or a fine, or both, up to twice that authorized by
    section 841(b) of this title", was executed by making the
    substitution for "punishable (1) by a term of imprisonment, or
    fine, or both, up to twice that authorized by section 841(b) of
    this title" to reflect the probable intent of Congress.
      Subsec. (b). Pub. L. 101-647, Sec. 3599L, substituted "has
    become final" for "have become final".
      Pub. L. 101-647, Sec. 1502(2), inserted "or a playground,"
    after "university," and struck out "playground," after "within
    100 feet of a".
      Pub. L. 101-647, Sec. 1214(2)(B), inserted after first sentence
    "A fine up to three times that authorized by section 841(b) of
    this title may be imposed in addition to any term of imprisonment
    authorized by this subsection.  Except to the extent a greater
    minimum sentence is otherwise provided by section 841(b) of this
    title, a person shall be sentenced under this subsection to a term
    of imprisonment of not less than three years".
      Subsec. (b)(1)(B). Pub. L. 101-647, Sec. 1214(2)(A), which
    directed the amendment of subpar. (B) by striking ", or a fine up
    to three times that" through "or both", could not be executed
    because the language did not appear after execution of the
    intervening amendment by Pub. L. 101-647, Sec. 1003(b)(2). See
    below.
      Pub. L. 101-647, Sec. 1003(b)(2), substituted "three times the
    maximum punishment authorized by section 841(b) of this title for a
    first offense" for "a term of imprisonment of up to three times
    that authorized by section 841(b) of this title for a first
    offense, or a fine up to three times that authorized by section
    841(b) of this title for a first offense, or both".
      Subsec. (c). Pub. L. 101-647, Sec. 1214(3), inserted "mandatory
    minimum" after "In the case of any", struck out "subsection (b)
    of" after "imposed under", and substituted "An individual
    convicted under this section shall not be eligible for parole until
    the individual has served the mandatory minimum term of
    imprisonment as provided by this section" for "An individual
    convicted under subsection (b) of this section shall not be
    eligible for parole under chapter 311 of title 18 until the
    individual has served the minimum sentence required by such
    subsection".
      1988 - Subsec. (a). Pub. L. 100-690, Sec. 6457, 6458(a), inserted
    ", possessing with intent to distribute," after "distributing"
    and ", or within 100 feet of a playground, public or private youth
    center, public swimming pool, or video arcade facility," after
    "university".
      Subsec. (b). Pub. L. 100-690, Sec. 6452(b)(1), 6457, 6458(a),
    inserted ", possessing with intent to distribute," after
    "distributing", and ", or within 100 feet of a playground,
    public or private youth center, public swimming pool, or video
    arcade facility," after "university", substituted "a prior
    conviction" for "a prior conviction or convictions", and
    inserted at end "Penalties for third and subsequent convictions
    shall be governed by section 841(b)(1)(A) of this title."
      Subsec. (d). Pub. L. 100-690, Sec. 6458(b), added subsec. (d).
      1986 - Subsec. (a). Pub. L. 99-570, Sec. 1104(a), (b), 1105(c),
    1841(b)(1), inserted "or section 856 of this title" and "or
    manufacturing", substituted "a public or private elementary,
    vocational, or secondary school or a public or private college,
    junior college, or university" for "a public or private
    elementary or secondary school", struck out "involving the same
    controlled substance and schedule" after "for a first offense",
    and inserted "Except to the extent a greater minimum sentence is
    otherwise provided by section 841(b) of this title, a term of
    imprisonment under this subsection shall be not less than one
    year.  The mandatory minimum sentencing provisions of this
    paragraph shall not apply to offenses involving 5 grams or less of
    marihuana."
      Pub. L. 99-570, Sec. 1004(a), substituted "term of supervised
    release" for "special parole term".
      Subsec. (b). Pub. L. 99-646 which directed that "parole" be
    inserted after "(2) at least three times any special" could not
    be executed in view of prior amendment by Pub. L. 99-570, Sec.
    1104(c) below.
      Pub. L. 99-570, Sec. 1166(b), which directed that "term of
    supervised release" be substituted for "special term" could not
    be executed in view of prior amendment by Pub. L. 99-570, Sec.
    1104(c) below.
      Pub. L. 99-570, Sec. 1104(a), 1841(b)(2), inserted reference to
    section 856 of this title, inserted "or manufacturing" after
    "distributing" and substituted "a public or private elementary,
    vocational, or secondary school or a public or private college,
    junior college, or university" for "a public or private
    elementary or secondary school".
      Pub. L. 99-570, Sec. 1104(c), amended cls. (1) and (2)
    generally.  Prior to amendment, cls. (1) and (2) read as follows:
    "(1) by a term of imprisonment of not less than three years and
    not more than life imprisonment and (2) at least three times any
    special term authorized by section 841(b) of this title for a
    second or subsequent offense involving the same controlled
    substance and schedule."
      Subsec. (c). Pub. L. 99-570, Sec. 1866(c), substituted reference
    to chapter 311 of title 18 for reference to section 4202 of that
    title.
                      EFFECTIVE DATE OF 1986 AMENDMENT
      Amendment by section 1004(a) of Pub. L. 99-570 effective on date
    of taking effect of section 3583 of Title 18, Crimes and Criminal
    Procedure (Nov. 1, 1987), see section 1004(b) of Pub. L. 99-570 set
    out as a note under section 841 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 841, 859 of this title;
    title 18 section 3592; title 42 section 14051.
 
-CITE-
    21 USC Sec. 861                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 861. Employment or use of persons under 18 years of age in
        drug operations
 
-STATUTE-
    (a) Unlawful acts
      It shall be unlawful for any person at least eighteen years of
    age to knowingly and intentionally -
        (1) employ, hire, use, persuade, induce, entice, or coerce, a
      person under eighteen years of age to violate any provision of
      this subchapter or subchapter II of this chapter;
        (2) employ, hire, use, persuade, induce, entice, or coerce, a
      person under eighteen years of age to assist in avoiding
      detection or apprehension for any offense of this subchapter or
      subchapter II of this chapter by any Federal, State, or local law
      enforcement official; or
        (3) receive a controlled substance from a person under 18 years
      of age, other than an immediate family member, in violation of
      this subchapter or subchapter II of this chapter.
    (b) Penalty for first offense
      Any person who violates subsection (a) of this section is subject
    to twice the maximum punishment otherwise authorized and at least
    twice any term of supervised release otherwise authorized for a
    first offense.  Except to the extent a greater minimum sentence is
    otherwise provided, a term of imprisonment under this subsection
    shall not be less than one year.
    (c) Penalty for subsequent offenses
      Any person who violates subsection (a) of this section after a
    prior conviction under subsection (a) of this section has become
    final, is subject to three times the maximum punishment otherwise
    authorized and at least three times any term of supervised release
    otherwise authorized for a first offense.  Except to the extent a
    greater minimum sentence is otherwise provided, a term of
    imprisonment under this subsection shall not be less than one
    year.  Penalties for third and subsequent convictions shall be
    governed by section 841(b)(1)(A) of this title.
    (d) Penalty for providing or distributing controlled substance to
        underage person
      Any person who violates subsection (a)(1) or (2) of this section
    (FOOTNOTE 1)
       (FOOTNOTE 1) So in original.  Probably should be followed by a
    dash.
        (1) by knowingly providing or distributing a controlled
      substance or a controlled substance analogue to any person under
      eighteen years of age; or
        (2) if the person employed, hired, or used is fourteen years of
      age or younger,
    shall be subject to a term of imprisonment for not more than five
    years or a fine of not more than $50,000, or both, in addition to
    any other punishment authorized by this section.
    (e) Suspension of sentence; probation; parole
      In any case of any sentence imposed under this section,
    imposition or execution of such sentence shall not be suspended and
    probation shall not be granted.  An individual convicted under this
    section of an offense for which a mandatory minimum term of
    imprisonment is applicable shall not be eligible for parole under
    section 4202 of title 18 (FOOTNOTE 2) until the individual has
    served the mandatory term of imprisonment as enhanced by this
    section.
       (FOOTNOTE 2) See References in Text note below.
    (f) Distribution of controlled substance to pregnant individual
      Except as authorized by this subchapter, it shall be unlawful for
    any person to knowingly or intentionally provide or distribute any
    controlled substance to a pregnant individual in violation of any
    provision of this subchapter.  Any person who violates this
    subsection shall be subject to the provisions of subsections (b),
    (c), and (e) of this section.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 420, formerly Sec. 405B, as added
    Pub. L. 99-570, title I, Sec. 1102, Oct. 27, 1986, 100 Stat.
    3207-10; amended Pub. L. 100-690, title VI, Sec. 6452(b)(1), 6459,
    6470(d), Nov. 18, 1988, 102 Stat. 4371, 4373, 4378; renumbered Sec.
    420 and amended Pub. L. 101-647, title X, Sec. 1002(c), 1003(c),
    title XXXV, Sec. 3599L, Nov. 29, 1990, 104 Stat. 4827, 4829, 4932.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Section 4202 of title 18, referred to in subsec. (e), which, as
    originally enacted in Title 18, Crimes and Criminal Procedure,
    related to eligibility of prisoners for parole, was repealed and a
    new section 4202 enacted as part of the repeal and enactment of a
    new chapter 311 (Sec. 4201 et seq.) of Title 18, by Pub. L. 94-233,
    Sec. 2, Mar. 15, 1976, 90 Stat. 219. For provisions relating to the
    eligibility of prisoners for parole, see section 4205 of Title 18.
    Pub. L. 98-473, title II, Sec. 218(a)(5), 235(a)(1), (b)(1), Oct.
    12, 1984, 98 Stat. 2027, 2031, 2032, as amended, provided that,
    effective on the first day of the first calendar month beginning 36
    months after Oct. 12, 1984 (Nov. 1, 1987), chapter 311 of Title 18
    is repealed, subject to remaining effective for five years after
    Nov. 1, 1987, in certain circumstances.  See Effective Date note
    set out under section 3551 of Title 18.
 
-COD-
                                CODIFICATION
      Section was classified to section 845b of this title prior to
    renumbering by Pub. L. 101-647.
 
-MISC3-
                                 AMENDMENTS
      1990 - Subsec. (b). Pub. L. 101-647, Sec. 1003(c)(1), which
    directed the substitution of "is subject to twice the maximum
    punishment otherwise authorized" for "is punishable by a term of
    imprisonment up to twice that authorized, or up to twice the fine
    authorized, or both," was executed by making the substitution for
    "is punishable by a term of imprisonment up to twice that
    otherwise authorized, or up to twice the fine otherwise authorized,
    or both," to reflect the probable intent of Congress.
      Subsec. (c). Pub. L. 101-647, Sec. 3599L, substituted "has
    become final" for "have become final".
      Pub. L. 101-647, Sec. 1003(c)(2), which directed the substitution
    of "is subject to three times the maximum punishment otherwise
    authorized" for "is punishable by a term of imprisonment up to
    three times that authorized, or up to three times the fine
    authorized, or both," was executed by making the substitution for
    "is punishable by a term of imprisonment up to three times that
    otherwise authorized, or up to three times the fine otherwise
    authorized, or both," to reflect the probable intent of Congress.
      1988 - Subsec. (a)(3). Pub. L. 100-690, Sec. 6459, added par.
    (3).
      Subsec. (c). Pub. L. 100-690, Sec. 6452(b)(1), struck out "or
    convictions" after "a prior conviction" and inserted at end
    "Penalties for third and subsequent convictions shall be governed
    by section 841(b)(1)(A) of this title."
      Subsec. (e). Pub. L. 100-690, Sec. 6470(d), struck out "required
    by section 841(b) of this title" after "mandatory term of
    imprisonment".
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 841 of this title; title
    18 sections 3592, 3663.
 
-CITE-
    21 USC Sec. 862                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 862. Denial of Federal benefits to drug traffickers and
        possessors
 
-STATUTE-
    (a) Drug traffickers
      (1) Any individual who is convicted of any Federal or State
    offense consisting of the distribution of controlled substances
    shall -
        (A) at the discretion of the court, upon the first conviction
      for such an offense be ineligible for any or all Federal benefits
      for up to 5 years after such conviction;
        (B) at the discretion of the court, upon a second conviction
      for such an offense be ineligible for any or all Federal benefits
      for up to 10 years after such conviction; and
        (C) upon a third or subsequent conviction for such an offense
      be permanently ineligible for all Federal benefits.
      (2) The benefits which are denied under this subsection shall not
    include benefits relating to long-term drug treatment programs for
    addiction for any person who, if there is a reasonable body of
    evidence to substantiate such declaration, declares himself to be
    an addict and submits himself to a long-term treatment program for
    addiction, or is deemed to be rehabilitated pursuant to rules
    established by the Secretary of Health and Human Services.
    (b) Drug possessors
      (1) Any individual who is convicted of any Federal or State
    offense involving the possession of a controlled substance (as such
    term is defined for purposes of this subchapter) shall -
        (A) upon the first conviction for such an offense and at the
      discretion of the court -
          (i) be ineligible for any or all Federal benefits for up to
        one year;
          (ii) be required to successfully complete an approved drug
        treatment program which includes periodic testing to insure
        that the individual remains drug free;
          (iii) be required to perform appropriate community service;
        or
          (iv) any combination of clause (i), (ii), or (iii); and
        (B) upon a second or subsequent conviction for such an offense
      be ineligible for all Federal benefits for up to 5 years after
      such conviction as determined by the court.  The court shall
      continue to have the discretion in subparagraph (A) above.  In
      imposing penalties and conditions under subparagraph (A), the
      court may require that the completion of the conditions imposed
      by clause (ii) or (iii) be a requirement for the reinstatement of
      benefits under clause (i).
      (2) The penalties and conditions which may be imposed under this
    subsection shall be waived in the case of a person who, if there is
    a reasonable body of evidence to substantiate such declaration,
    declares himself to be an addict and submits himself to a long-term
    treatment program for addiction, or is deemed to be rehabilitated
    pursuant to rules established by the Secretary of Health and Human
    Services.
    (c) Suspension of period of ineligibility
      The period of ineligibility referred to in subsections (a) and
    (b) of this section shall be suspended if the individual -
        (A) completes a supervised drug rehabilitation program after
      becoming ineligible under this section;
        (B) has otherwise been rehabilitated; or
        (C) has made a good faith effort to gain admission to a
      supervised drug rehabilitation program, but is unable to do so
      because of inaccessibility or unavailability of such a program,
      or the inability of the individual to pay for such a program.
    (d) Definitions
      As used in this section -
        (1) the term "Federal benefit" -
          (A) means the issuance of any grant, contract, loan,
        professional license, or commercial license provided by an
        agency of the United States or by appropriated funds of the
        United States; and
          (B) does not include any retirement, welfare, Social
        Security, health, disability, veterans benefit, public housing,
        or other similar benefit, or any other benefit for which
        payments or services are required for eligibility; and
        (2) the term "veterans benefit" means all benefits provided
      to veterans, their families, or survivors by virtue of the
      service of a veteran in the Armed Forces of the United States.
    (e) Inapplicability of this section to Government witnesses
      The penalties provided by this section shall not apply to any
    individual who cooperates or testifies with the Government in the
    prosecution of a Federal or State offense or who is in a Government
    witness protection program.
    (f) Indian provision
      Nothing in this section shall be construed to affect the
    obligation of the United States to any Indian or Indian tribe
    arising out of any treaty, statute, Executive order, or the trust
    responsibility of the United States owing to such Indian or Indian
    tribe.  Nothing in this subsection shall exempt any individual
    Indian from the sanctions provided for in this section, provided
    that no individual Indian shall be denied any benefit under Federal
    Indian programs comparable to those described in subsection
    (d)(1)(B) or (d)(2) of this section.
    (g) Presidential report
      (1) On or before May 1, 1989, the President shall transmit to the
    Congress a report -
        (A) delineating the role of State courts in implementing this
      section;
        (B) describing the manner in which Federal agencies will
      implement and enforce the requirements of this section;
        (C) detailing the means by which Federal and State agencies,
      courts, and law enforcement agencies will exchange and share the
      data and information necessary to implement and enforce the
      withholding of Federal benefits; and
        (D) recommending any modifications to improve the
      administration of this section or otherwise achieve the goal of
      discouraging the trafficking and possession of controlled
      substances.
      (2) No later than September 1, 1989, the Congress shall consider
    the report of the President and enact such changes as it deems
    appropriate to further the goals of this section.
    (h) Effective date
      The denial of Federal benefits set forth in this section shall
    take effect for convictions occurring after September 1, 1989.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 421, formerly Pub. L. 100-690,
    title V, Sec. 5301, Nov. 18, 1988, 102 Stat. 4310; renumbered Sec.
    421 of Pub. L. 91-513 and amended Pub. L. 101-647, title X, Sec.
    1002(d), Nov. 29, 1990, 104 Stat. 4827.)
 
-COD-
                                CODIFICATION
      Section was classified to section 853a of this title prior to
    renumbering by Pub. L. 101-647.
 
-MISC3-
                                 AMENDMENTS
      1990 - Pub. L. 101-647, Sec. 1002(d)(1), renumbered section 853a
    of this title as this section.
      Subsec. (a)(1). Pub. L. 101-647, Sec. 1002(d)(2), struck out
    "(as such terms are defined for purposes of the Controlled
    Substances Act)" after "controlled substances" in introductory
    provisions.
 
-CITE-
    21 USC Sec. 862a                                             01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 862a. Denial of assistance and benefits for certain
        drug-related convictions
 
-STATUTE-
    (a) In general
      An individual convicted (under Federal or State law) of any
    offense which is classified as a felony by the law of the
    jurisdiction involved and which has as an element the possession,
    use, or distribution of a controlled substance (as defined in
    section 802(6) of this title) shall not be eligible for -
        (1) assistance under any State program funded under part A of
      title IV of the Social Security Act (42 U.S.C. 601 et seq.), or
        (2) benefits under the food stamp program (as defined in
      section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h))) or
      any State program carried out under the Food Stamp Act of 1977 (7
      U.S.C. 2011 et seq.).
    (b) Effects on assistance and benefits for others
      (1) Program of temporary assistance for needy families
        The amount of assistance otherwise required to be provided
      under a State program funded under part A of title IV of the
      Social Security Act (42 U.S.C. 601 et seq.) to the family members
      of an individual to whom subsection (a) of this section applies
      shall be reduced by the amount which would have otherwise been
      made available to the individual under such part.
      (2) Benefits under the Food Stamp Act of 1977
        The amount of benefits otherwise required to be provided to a
      household under the food stamp program (as defined in section
      3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h))), or any
      State program carried out under the Food Stamp Act of 1977 (7
      U.S.C. 2011 et seq.), shall be determined by considering the
      individual to whom subsection (a) of this section applies not to
      be a member of such household, except that the income and
      resources of the individual shall be considered to be income and
      resources of the household.
    (c) Enforcement
      A State that has not exercised its authority under subsection
    (d)(1)(A) of this section shall require each individual applying
    for assistance or benefits referred to in subsection (a) of this
    section, during the application process, to state, in writing,
    whether the individual, or any member of the household of the
    individual, has been convicted of a crime described in subsection
    (a) of this section.
    (d) Limitations
      (1) State elections
        (A) Opt out
          A State may, by specific reference in a law enacted after
        August 22, 1996, exempt any or all individuals domiciled in the
        State from the application of subsection (a) of this section.
        (B) Limit period of prohibition
          A State may, by law enacted after August 22, 1996, limit the
        period for which subsection (a) of this section shall apply to
        any or all individuals domiciled in the State.
      (2) Inapplicability to convictions occurring on or before August
          22, 1996
        Subsection (a) of this section shall not apply to a conviction
      if the conviction is for conduct occurring on or before August
      22, 1996.
    (e) "State" defined
      For purposes of this section, the term "State" has the meaning
    given it -
        (1) in section 419(5) of the Social Security Act (42 U.S.C.
      619(5)), when referring to assistance provided under a State
      program funded under part A of title IV of the Social Security
      Act (42 U.S.C. 601 et seq.), and
        (2) in section 3(m) of the Food Stamp Act of 1977 (7 U.S.C.
      2012(m)), when referring to the food stamp program (as defined in
      section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h))) or
      any State program carried out under the Food Stamp Act of 1977 (7
      U.S.C. 2011 et seq.).
    (f) Rule of interpretation
      Nothing in this section shall be construed to deny the following
    Federal benefits:
        (1) Emergency medical services under title XIX of the Social
      Security Act (42 U.S.C. 1396 et seq.).
        (2) Short-term, noncash, in-kind emergency disaster relief.
        (3)(A) Public health assistance for immunizations.
        (B) Public health assistance for testing and treatment of
      communicable diseases if the Secretary of Health and Human
      Services determines that it is necessary to prevent the spread of
      such disease.
        (4) Prenatal care.
        (5) Job training programs.
        (6) Drug treatment programs.
 
-SOURCE-
    (Pub. L. 104-193, title I, Sec. 115, Aug. 22, 1996, 110 Stat. 2180;
    Pub. L. 105-33, title V, Sec. 5516(a), Aug. 5, 1997, 111 Stat.
    620.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Social Security Act, referred to in subsecs. (a)(1), (b)(1),
    (e)(1), and (f)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as
    amended.  Part A of title IV of the Act is classified generally to
    part A (Sec. 601 et seq.) of subchapter IV of chapter 7 of Title
    42, The Public Health and Welfare. Title XIX of the Act is
    classified generally to subchapter XIX (Sec. 1396 et seq.) of
    chapter 7 of Title 42. For complete classification of this Act to
    the Code, see section 1305 of Title 42 and Tables.
      The Food Stamp Act of 1977, referred to in subsecs. (a)(2),
    (b)(2), and (e)(2), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703,
    as amended, which is classified generally to chapter 51 (Sec. 2011
    et seq.) of Title 7, Agriculture. For complete classification of
    this Act to the Code, see Short Title note set out under section
    2011 of Title 7 and Tables.
 
-COD-
                                CODIFICATION
      Section was enacted as part of the Personal Responsibility and
    Work Opportunity Reconciliation Act of 1996, and not as part of the
    Controlled Substances Act which comprises this subchapter.
 
-MISC3-
                                 AMENDMENTS
      1997 - Subsec. (d)(2). Pub. L. 105-33 substituted "a conviction
    if the conviction is for conduct" for "convictions".
                      EFFECTIVE DATE OF 1997 AMENDMENT
      Section 5518(d) of title V of Pub. L. 105-33 provided that: "The
    amendments made by this chapter to a provision of the Personal
    Responsibility and Work Opportunity Reconciliation Act of 1996
    (Pub. L. 104-193) that have not become part of another statute
    (chapter 1 (Sec. 5501-5518) of subtitle F of title V of Pub. L.
    105-33, amending this section, sections 601 to 603, 604 to 608, 609
    to 611, and 612 to 617 of Title 42, The Public Health and Welfare,
    and provisions set out as notes under section 612c of Title 7,
    Agriculture, and sections 601 and 613 of Title 42) shall take
    effect as if the amendments had been included in the provision at
    the time the provision became law."
                               EFFECTIVE DATE
      Section effective July 1, 1997, with transition rules relating to
    State options to accelerate such date, rules relating to claims,
    actions, and proceedings commenced before such date, rules relating
    to closing out of accounts for terminated or substantially modified
    programs and continuance in office of Assistant Secretary for
    Family Support, and provisions relating to termination of
    entitlement under AFDC program, see section 116 of Pub. L. 104-193,
    as amended, set out as an Effective Date note under section 601 of
    Title 42, The Public Health and Welfare.
 
-CITE-
    21 USC Sec. 862b                                             01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 862b. Sanctioning for testing positive for controlled
        substances
 
-STATUTE-
      Notwithstanding any other provision of law, States shall not be
    prohibited by the Federal Government from testing welfare
    recipients for use of controlled substances nor from sanctioning
    welfare recipients who test positive for use of controlled
    substances.
 
-SOURCE-
    (Pub. L. 104-193, title IX, Sec. 902, Aug. 22, 1996, 110 Stat.
    2347.)
 
-COD-
                                CODIFICATION
      Section was enacted as part of the Personal Responsibility and
    Work Opportunity Reconciliation Act of 1996, and not as part of the
    Controlled Substances Act which comprises this subchapter.
 
-CITE-
    21 USC Sec. 863                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 863. Drug paraphernalia
 
-STATUTE-
    (a) In general
      It is unlawful for any person -
        (1) to sell or offer for sale drug paraphernalia;
        (2) to use the mails or any other facility of interstate
      commerce to transport drug paraphernalia; or
        (3) to import or export drug paraphernalia.
    (b) Penalties
      Anyone convicted of an offense under subsection (a) of this
    section shall be imprisoned for not more than three years and fined
    under title 18.
    (c) Seizure and forfeiture
      Any drug paraphernalia involved in any violation of subsection
    (a) of this section shall be subject to seizure and forfeiture upon
    the conviction of a person for such violation.  Any such
    paraphernalia shall be delivered to the Administrator of General
    Services, General Services Administration, who may order such
    paraphernalia destroyed or may authorize its use for law
    enforcement or educational purposes by Federal, State, or local
    authorities.
    (d) "Drug paraphernalia" defined
      The term "drug paraphernalia" means any equipment, product, or
    material of any kind which is primarily intended or designed for
    use in manufacturing, compounding, converting, concealing,
    producing, processing, preparing, injecting, ingesting, inhaling,
    or otherwise introducing into the human body a controlled
    substance, possession of which is unlawful under this subchapter.
    It includes items primarily intended or designed for use in
    ingesting, inhaling, or otherwise introducing marijuana, (FOOTNOTE
    1) cocaine, hashish, hashish oil, PCP, methamphetamine, or
    amphetamines into the human body, such as -
       (FOOTNOTE 1) So in original.  Probably should be "marihuana,".
        (1) metal, wooden, acrylic, glass, stone, plastic, or ceramic
      pipes with or without screens, permanent screens, hashish heads,
      or punctured metal bowls;
        (2) water pipes;
        (3) carburetion tubes and devices;
        (4) smoking and carburetion masks;
        (5) roach clips: meaning objects used to hold burning material,
      such as a marihuana cigarette, that has become too small or too
      short to be held in the hand;
        (6) miniature spoons with level capacities of one-tenth cubic
      centimeter or less;
        (7) chamber pipes;
        (8) carburetor pipes;
        (9) electric pipes;
        (10) air-driven pipes;
        (11) chillums;
        (12) bongs;
        (13) ice pipes or chillers;
        (14) wired cigarette papers; or
        (15) cocaine freebase kits.
    (e) Matters considered in determination of what constitutes drug
        paraphernalia
      In determining whether an item constitutes drug paraphernalia, in
    addition to all other logically relevant factors, the following may
    be considered:
        (1) instructions, oral or written, provided with the item
      concerning its use;
        (2) descriptive materials accompanying the item which explain
      or depict its use;
        (3) national and local advertising concerning its use;
        (4) the manner in which the item is displayed for sale;
        (5) whether the owner, or anyone in control of the item, is a
      legitimate supplier of like or related items to the community,
      such as a licensed distributor or dealer of tobacco products;
        (6) direct or circumstantial evidence of the ratio of sales of
      the item(s) to the total sales of the business enterprise;
        (7) the existence and scope of legitimate uses of the item in
      the community; and
        (8) expert testimony concerning its use.
    (f) Exemptions
      This section shall not apply to -
        (1) any person authorized by local, State, or Federal law to
      manufacture, possess, or distribute such items; or
        (2) any item that, in the normal lawful course of business, is
      imported, exported, transported, or sold through the mail or by
      any other means, and traditionally intended for use with tobacco
      products, including any pipe, paper, or accessory.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 422, as added and amended Pub. L.
    101-647, title XXIV, Sec. 2401(a)-(c), Nov. 29, 1990, 104 Stat.
    4858, 4859; Pub. L. 106-310, div.  B, title XXXVI, Sec. 3614, Oct.
    17, 2000, 114 Stat. 1230.)
 
-COD-
                                CODIFICATION
      The text of section 857(b) to (f) of this title, which was
    transferred to subsecs. (b) to (f) of this section by Pub. L.
    101-647, Sec. 2401(b), was based on Pub. L. 99-570, title I, Sec.
    1822(b)-(f), Oct. 27, 1986, 100 Stat. 3207-51; Pub. L. 100-690,
    title VI, Sec. 6485, Nov. 18, 1988, 102 Stat. 4384.
 
-MISC3-
                                 AMENDMENTS
      2000 - Subsec. (d). Pub. L. 106-310 inserted "methamphetamine,"
    after "PCP," in introductory provisions.
      1990 - Subsec. (b). Pub. L. 101-647, Sec. 2401(c)(1), substituted
    "fined under title 18" for "fined not more than $100,000".
      Pub. L. 101-647, Sec. 2401(b), redesignated subsec. (b) of
    section 857 of this title as subsec. (b) of this section.  See
    Codification note above.
      Subsecs. (c) to (e). Pub. L. 101-647, Sec. 2401(b), redesignated
    subsecs. (c) to (e) of section 857 of this title as subsecs. (c) to
    (e) of this section.  See Codification note above.
      Subsec. (f). Pub. L. 101-647, Sec. 2401(c)(2), made technical
    amendment to reference to "This section" to correct reference to
    corresponding provision of original act.
      Pub. L. 101-647, Sec. 2401(b), redesignated subsec. (f) of
    section 857 of this title as subsec. (f) of this section.  See
    Codification note above.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 881 of this title; title
    18 sections 1956, 3663.
 
-CITE-
    21 USC Sec. 864                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part D - Offenses and Penalties
 
-HEAD-
    Sec. 864. Anhydrous ammonia
 
-STATUTE-
      (a) It is unlawful for any person -
        (1) to steal anhydrous ammonia, or
        (2) to transport stolen anhydrous ammonia across State lines,
    knowing, intending, or having reasonable cause to believe that such
    anhydrous ammonia will be used to manufacture a controlled
    substance in violation of this part.
      (b) Any person who violates subsection (a) of this section shall
    be imprisoned or fined, or both, in accordance with section 843(d)
    of this title as if such violation were a violation of a provision
    of section 843 of this title.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 423, as added Pub. L. 106-310,
    div.  B, title XXXVI, Sec. 3653(a), Oct. 17, 2000, 114 Stat. 1240.)
 
-CITE-
    21 USC Part E - Administrative and Enforcement Provisions    01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
    .
 
-HEAD-
    Part E - Administrative and Enforcement Provisions
 
-SECREF-
                     PART REFERRED TO IN OTHER SECTIONS
      This part is referred to in section 965 of this title.
 
-CITE-
    21 USC Sec. 871                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 871. Attorney General
 
-STATUTE-
    (a) Delegation of functions
      The Attorney General may delegate any of his functions under this
    subchapter to any officer or employee of the Department of Justice.
    (b) Rules and regulations
      The Attorney General may promulgate and enforce any rules,
    regulations, and procedures which he may deem necessary and
    appropriate for the efficient execution of his functions under this
    subchapter.
    (c) Acceptance of devises, bequests, gifts, and donations
      The Attorney General may accept in the name of the Department of
    Justice any form of devise, bequest, gift, or donation where the
    donor intends to donate property for the purpose of preventing or
    controlling the abuse of controlled substances.  He may take all
    appropriate steps to secure possession of such property and may
    sell, assign, transfer, or convey any such property other than
    moneys.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 501, Oct. 27, 1970, 84 Stat. 1270.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This subchapter, referred to in subsecs. (a) and (b), was in the
    original "this title", meaning title II of Pub. L. 91-513, Oct.
    27, 1970, 84 Stat. 1242, as amended, and is popularly known as the
    "Controlled Substances Act". For complete classification of title
    II to the Code, see second paragraph of Short Title note set out
    under section 801 of this title and Tables.
 
-CITE-
    21 USC Sec. 872                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 872. Education and research programs of Attorney General
 
-STATUTE-
    (a) Authorization
      The Attorney General is authorized to carry out educational and
    research programs directly related to enforcement of the laws under
    his jurisdiction concerning drugs or other substances which are or
    may be subject to control under this subchapter.  Such programs may
    include -
        (1) educational and training programs on drug abuse and
      controlled substances law enforcement for local, State, and
      Federal personnel;
        (2) studies or special projects designed to compare the
      deterrent effects of various enforcement strategies on drug use
      and abuse;
        (3) studies or special projects designed to assess and detect
      accurately the presence in the human body of drugs or other
      substances which are or may be subject to control under this
      subchapter, including the development of rapid field
      identification methods which would enable agents to detect
      microquantities of such drugs or other substances;
        (4) studies or special projects designed to evaluate the nature
      and sources of the supply of illegal drugs throughout the
      country;
        (5) studies or special projects to develop more effective
      methods to prevent diversion of controlled substances into
      illegal channels; and
        (6) studies or special projects to develop information
      necessary to carry out his functions under section 811 of this
      title.
    (b) Contracts
      The Attorney General may enter into contracts for such
    educational and research activities without performance bonds and
    without regard to section 5 of title 41.
    (c) Identification of research populations; authorization to
        withhold
      The Attorney General may authorize persons engaged in research to
    withhold the names and other identifying characteristics of persons
    who are the subjects of such research.  Persons who obtain this
    authorization may not be compelled in any Federal, State, or local
    civil, criminal, administrative, legislative, or other proceeding
    to identify the subjects of research for which such authorization
    was obtained.
    (d) Affect of treaties and other international agreements on
        confidentiality
      Nothing in the Single Convention on Narcotic Drugs, the
    Convention on Psychotropic Substances, or other treaties or
    international agreements shall be construed to limit, modify, or
    prevent the protection of the confidentiality of patient records or
    of the names and other identifying characteristics of research
    subjects as provided by any Federal, State, or local law or
    regulation.
    (e) Use of controlled substances in research
      The Attorney General, on his own motion or at the request of the
    Secretary, may authorize the possession, distribution, and
    dispensing of controlled substances by persons engaged in
    research.  Persons who obtain this authorization shall be exempt
    from State or Federal prosecution for possession, distribution, and
    dispensing of controlled substances to the extent authorized by the
    Attorney General.
    (f) Program to curtail diversion of precursor and essential
        chemicals
      The Attorney General shall maintain an active program, both
    domestic and international, to curtail the diversion of precursor
    chemicals and essential chemicals used in the illicit manufacture
    of controlled substances.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 502, Oct. 27, 1970, 84 Stat. 1271;
    Pub. L. 95-633, title I, Sec. 108(a), Nov. 10, 1978, 92 Stat. 3773;
    Pub. L. 100-690, title VI, Sec. 6060, Nov. 18, 1988, 102 Stat.
    4320.)
 
-MISC1-
                                 AMENDMENTS
      1988 - Subsec. (f). Pub. L. 100-690 added subsec. (f).
      1978 - Subsecs. (d), (e). Pub. L. 95-633 added subsec. (d) and
    redesignated former subsec. (d) as (e).
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by Pub. L. 100-690 effective 120 days after Nov. 18,
    1988, see section 6061 of Pub. L. 100-690, set out as a note under
    section 802 of this title.
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-633 effective on date the Convention on
    Psychotropic Substances enters into force in the United States
    (July 15, 1980), see section 112 of Pub. L. 95-633, set out as an
    Effective Date note under section 801a of this title.
      TRAINING FOR DRUG ENFORCEMENT ADMINISTRATION AND STATE AND LOCAL
       LAW ENFORCEMENT PERSONNEL RELATING TO CLANDESTINE LABORATORIES
      Pub. L. 106-310, div.  B, title XXXVI, Sec. 3623, Oct. 17, 2000,
    114 Stat. 1231, provided that:
      "(a) In General. -
        "(1) Requirement. - The Administrator of the Drug Enforcement
      Administration shall carry out the programs described in
      subsection (b) with respect to the law enforcement personnel of
      States and localities determined by the Administrator to have
      significant levels of methamphetamine-related or
      amphetamine-related crime or projected by the Administrator to
      have the potential for such levels of crime in the future.
        "(2) Duration. - The duration of any program under that
      subsection may not exceed 3 years.
      "(b) Covered Programs. - The programs described in this
    subsection are as follows:
        "(1) Advanced mobile clandestine laboratory training teams. -
      A program of advanced mobile clandestine laboratory training
      teams, which shall provide information and training to State and
      local law enforcement personnel in techniques utilized in
      conducting undercover investigations and conspiracy cases, and
      other information designed to assist in the investigation of the
      illegal manufacturing and trafficking of amphetamine and
      methamphetamine.
        "(2) Basic clandestine laboratory certification training. - A
      program of basic clandestine laboratory certification training,
      which shall provide information and training -
          "(A) to Drug Enforcement Administration personnel and State
        and local law enforcement personnel for purposes of enabling
        such personnel to meet any certification requirements under law
        with respect to the handling of wastes created by illegal
        amphetamine and methamphetamine laboratories; and
          "(B) to State and local law enforcement personnel for
        purposes of enabling such personnel to provide the information
        and training covered by subparagraph (A) to other State and
        local law enforcement personnel.
        "(3) Clandestine laboratory recertification and awareness
      training. - A program of clandestine laboratory recertification
      and awareness training, which shall provide information and
      training to State and local law enforcement personnel for
      purposes of enabling such personnel to provide recertification
      and awareness training relating to clandestine laboratories to
      additional State and local law enforcement personnel.
      "(c) Authorization of Appropriations. - There are authorized to
    be appropriated for each of fiscal years 2000, 2001, and 2002
    amounts as follows:
        "(1) $1,500,000 to carry out the program described in
      subsection (b)(1).
        "(2) $3,000,000 to carry out the program described in
      subsection (b)(2).
        "(3) $1,000,000 to carry out the program described in
      subsection (b)(3)."
                 EDUCATIONAL PROGRAM FOR POLICE DEPARTMENTS
      Pub. L. 104-305, Sec. 4, Oct. 13, 1996, 110 Stat. 3809, provided
    that: "The Attorney General may -
        "(1) create educational materials regarding the use of
      controlled substances (as that term is defined in section 102 of
      the Controlled Substances Act (21 U.S.C. 802)) in the furtherance
      of rapes and sexual assaults; and
        "(2) disseminate those materials to police departments
      throughout the United States."
      STUDY AND REPORT ON MEASURES TO PREVENT SALES OF AGENTS USED IN
                         METHAMPHETAMINE PRODUCTION
      Pub. L. 104-237, title II, Sec. 202, Oct. 3, 1996, 110 Stat.
    3101, provided that:
      "(a) Study. - The Attorney General of the United States shall
    conduct a study on possible measures to effectively prevent the
    diversion of red phosphorous, iodine, hydrochloric gas, and other
    agents for use in the production of methamphetamine.  Nothing in
    this section shall preclude the Attorney General from taking any
    action the Attorney General already is authorized to take with
    regard to the regulation of listed chemicals under current law.
      "(b) Report. - Not later than January 1, 1998, the Attorney
    General shall submit a report to the Congress of its findings
    pursuant to the study conducted under subsection (a) on the need
    for and advisability of preventive measures.
      "(c) Considerations. - In developing recommendations under
    subsection (b), the Attorney General shall consider -
        "(1) the use of red phosphorous, iodine, hydrochloric gas, and
      other agents in the illegal manufacture of methamphetamine;
        "(2) the use of red phosphorous, iodine, hydrochloric gas, and
      other agents for legitimate, legal purposes, and the impact any
      regulations may have on these legitimate purposes; and
        "(3) comments and recommendations from law enforcement,
      manufacturers of such chemicals, and the consumers of such
      chemicals for legitimate, legal purposes."
 
-CITE-
    21 USC Sec. 872a                                             01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 872a. Public-private education program
 
-STATUTE-
    (a) Advisory panel
      The Attorney General shall establish an advisory panel consisting
    of an appropriate number of representatives from Federal, State,
    and local law enforcement and regulatory agencies with experience
    in investigating and prosecuting illegal transactions of precursor
    chemicals.  The Attorney General shall convene the panel as often
    as necessary to develop and coordinate educational programs for
    wholesale and retail distributors of precursor chemicals and
    supplies.
    (b) Continuation of current efforts
      The Attorney General shall continue to -
        (1) maintain an active program of seminars and training to
      educate wholesale and retail distributors of precursor chemicals
      and supplies regarding the identification of suspicious
      transactions and their responsibility to report such
      transactions; and
        (2) provide assistance to State and local law enforcement and
      regulatory agencies to facilitate the establishment and
      maintenance of educational programs for distributors of precursor
      chemicals and supplies.
 
-SOURCE-
    (Pub. L. 104-237, title V, Sec. 503, Oct. 3, 1996, 110 Stat. 3112.)
 
-COD-
                                CODIFICATION
      Section was enacted as part of the Comprehensive Methamphetamine
    Control Act of 1996, and not as part of the Controlled Substances
    Act which comprises this subchapter.
 
-CITE-
    21 USC Sec. 873                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 873. Cooperative arrangements
 
-STATUTE-
    (a) Cooperation of Attorney General with local, State, and Federal
        agencies
      The Attorney General shall cooperate with local, State, and
    Federal agencies concerning traffic in controlled substances and in
    suppressing the abuse of controlled substances.  To this end, he is
    authorized to -
        (1) arrange for the exchange of information between
      governmental officials concerning the use and abuse of controlled
      substances;
        (2) cooperate in the institution and prosecution of cases in
      the courts of the United States and before the licensing boards
      and courts of the several States;
        (3) conduct training programs on controlled substance law
      enforcement for local, State, and Federal personnel;
        (4) maintain in the Department of Justice a unit which will
      accept, catalog, file, and otherwise utilize all information and
      statistics, including records of controlled substance abusers and
      other controlled substance law offenders, which may be received
      from Federal, State, and local agencies, and make such
      information available for Federal, State, and local law
      enforcement purposes;
        (5) conduct programs of eradication aimed at destroying wild or
      illicit growth of plant species from which controlled substances
      may be extracted;
        (6) assist State and local governments in suppressing the
      diversion of controlled substances from legitimate medical,
      scientific, and commercial channels by -
          (A) making periodic assessments of the capabilities of State
        and local governments to adequately control the diversion of
        controlled substances;
          (B) providing advice and counsel to State and local
        governments on the methods by which such governments may
        strengthen their controls against diversion; and
          (C) establishing cooperative investigative efforts to control
        diversion; and
        (7) notwithstanding any other provision of law, enter into
      contractual agreements with State and local law enforcement
      agencies to provide for cooperative enforcement and regulatory
      activities under this chapter. (FOOTNOTE 1)
       (FOOTNOTE 1) See References in Text note below.
    (b) Requests by Attorney General for assistance from Federal
        agencies or instrumentalities
      When requested by the Attorney General, it shall be the duty of
    any agency or instrumentality of the Federal Government to furnish
    assistance, including technical advice, to him for carrying out his
    functions under this subchapter; except that no such agency or
    instrumentality shall be required to furnish the name of, or other
    identifying information about, a patient or research subject whose
    identity it has undertaken to keep confidential.
    (c) Descriptive and analytic reports by Attorney General to State
        agencies of distribution patterns of schedule II substances
        having highest rates of abuse
      The Attorney General shall annually (1) select the controlled
    substances (or controlled substances) contained in schedule II
    which, in the Attorney General's discretion, is determined to have
    the highest rate of abuse, and (2) prepare and make available to
    regulatory, licensing, and law enforcement agencies of States
    descriptive and analytic reports on the actual distribution
    patterns in such States of each such controlled substance.
    (d) Grants by Attorney General
      (1) The Attorney General may make grants, in accordance with
    paragraph (2), to State and local governments to assist in meeting
    the costs of -
        (A) collecting and analyzing data on the diversion of
      controlled substances,
        (B) conducting investigations and prosecutions of such
      diversions,
        (C) improving regulatory controls and other authorities to
      control such diversions,
        (D) programs to prevent such diversions,
        (E) preventing and detecting forged prescriptions, and
        (F) training law enforcement and regulatory personnel to
      improve the control of such diversions.
      (2) No grant may be made under paragraph (1) unless an
    application therefor is submitted to the Attorney General in such
    form and manner as the Attorney General may prescribe.  No grant
    may exceed 80 per centum of the costs for which the grant is made,
    and no grant may be made unless the recipient of the grant provides
    assurances satisfactory to the Attorney General that it will
    obligate funds to meet the remaining 20 per centum of such costs.
    The Attorney General shall review the activities carried out with
    grants under paragraph (1) and shall report annually to Congress on
    such activities.
      (3) To carry out this subsection there is authorized to be
    appropriated $6,000,000 for fiscal year 1985 and $6,000,000 for
    fiscal year 1986.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 503, Oct. 27, 1970, 84 Stat. 1271;
    Pub. L. 96-359, Sec. 8(a) Sept. 26, 1980, 94 Stat. 1194; Pub. L.
    98-473, title II, Sec. 517, Oct. 12, 1984, 98 Stat. 2074; Pub. L.
    99-570, title I, Sec. 1868, Oct. 27, 1986, 100 Stat. 3207-55; Pub.
    L. 99-646, Sec. 85, Nov. 10, 1986, 100 Stat. 3620.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This chapter, referred to in subsec. (a)(7), was in the original
    as added by Pub. L. 99-646 "this Act", meaning Pub. L. 91-513,
    Oct. 27, 1970, 84 Stat. 1236, as amended.  In the subsec. (a)(7)
    added by Pub. L. 99-570, the reference was "this title", meaning
    title II of Pub. L. 91-513 which is popularly known as the
    "Controlled Substances Act" and is classified principally to this
    subchapter.  For complete classification of this Act and title II
    to the Code, see Short Title note set out under section 801 of this
    title and Tables.
      Schedule II, referred to in subsec. (c), is set out in section
    812(c) of this title.
 
-MISC2-
                                 AMENDMENTS
      1986 - Subsec. (a)(7). Pub. L. 99-570 and Pub. L. 99-646 made
    substantially identical amendment, adding par. (7).
      1984 - Subsec. (a)(6). Pub. L. 98-473, Sec. 517(a), added par.
    (6).
      Subsec. (d). Pub. L. 98-473, Sec. 517(b), added subsec. (d).
      1980 - Subsec. (c). Pub. L. 96-359 added subsec. (c).
        COMBATING AMPHETAMINE AND METHAMPHETAMINE MANUFACTURING AND
                                TRAFFICKING
      Pub. L. 106-310, div.  B, title XXXVI, Sec. 3625, Oct. 17, 2000,
    114 Stat. 1233, provided that:
      "(a) Activities. - In order to combat the illegal manufacturing
    and trafficking in amphetamine and methamphetamine, the
    Administrator of the Drug Enforcement Administration may -
        "(1) assist State and local law enforcement in small and
      mid-sized communities in all phases of investigations related to
      such manufacturing and trafficking, including assistance with
      foreign-language interpretation;
        "(2) staff additional regional enforcement and mobile
      enforcement teams related to such manufacturing and trafficking;
        "(3) establish additional resident offices and posts of duty
      to assist State and local law enforcement in rural areas in
      combating such manufacturing and trafficking;
        "(4) provide the Special Operations Division of the
      Administration with additional agents and staff to collect,
      evaluate, interpret, and disseminate critical intelligence
      targeting the command and control operations of major amphetamine
      and methamphetamine manufacturing and trafficking organizations;
        "(5) enhance the investigative and related functions of the
      Chemical Control Program of the Administration to implement more
      fully the provisions of the Comprehensive Methamphetamine Control
      Act of 1996 (Public Law 104-237) (see Short Title of 1996
      Amendments note set out under section 801 of this title);
        "(6) design an effective means of requiring an accurate
      accounting of the import and export of list I chemicals, and
      coordinate investigations relating to the diversion of such
      chemicals;
        "(7) develop a computer infrastructure sufficient to receive,
      process, analyze, and redistribute time-sensitive enforcement
      information from suspicious order reporting to field offices of
      the Administration and other law enforcement and regulatory
      agencies, including the continuing development of the Suspicious
      Order Reporting and Tracking System (SORTS) and the Chemical
      Transaction Database (CTRANS) of the Administration;
        "(8) establish an education, training, and communication
      process in order to alert the industry to current trends and
      emerging patterns in the illegal manufacturing of amphetamine and
      methamphetamine; and
        "(9) carry out such other activities as the Administrator
      considers appropriate.
      "(b) Additional Positions and Personnel. -
        "(1) In general. - In carrying out activities under subsection
      (a), the Administrator may establish in the Administration not
      more than 50 full-time positions, including not more than 31
      special-agent positions, and may appoint personnel to such
      positions.
        "(2) Particular positions. - In carrying out activities under
      paragraphs (5) through (8) of subsection (a), the Administrator
      may establish in the Administration not more than 15 full-time
      positions, including not more than 10 diversion investigator
      positions, and may appoint personnel to such positions.  Any
      positions established under this paragraph are in addition to any
      positions established under paragraph (1).
      "(c) Authorization of Appropriations. - There are authorized to
    be appropriated for the Drug Enforcement Administration for each
    fiscal year after fiscal year 1999, $9,500,000 for purposes of
    carrying out the activities authorized by subsection (a) and
    employing personnel in positions established under subsection (b),
    of which $3,000,000 shall be available for activities under
    paragraphs (5) through (8) of subsection (a) and for employing
    personnel in positions established under subsection (b)(2)."
                     NATIONAL DRUG INTELLIGENCE CENTER
      Pub. L. 106-567, title I, Sec. 104(e), Dec. 27, 2000, 114 Stat.
    2834, provided that:
      "(1) In general. - Of the amount authorized to be appropriated
    in subsection (a) (114 Stat. 2833), $34,100,000 shall be available
    for the National Drug Intelligence Center. Within such amount,
    funds provided for research, development, test, and evaluation
    purposes shall remain available until September 30, 2002, and funds
    provided for procurement purposes shall remain available until
    September 30, 2003.
      "(2) Transfer of funds. - The Director of Central Intelligence
    shall transfer to the Attorney General funds available for the
    National Drug Intelligence Center under paragraph (1). The Attorney
    General shall utilize funds so transferred for the activities of
    the National Drug Intelligence Center.
      "(3) Limitation. - Amounts available for the National Drug
    Intelligence Center may not be used in contravention of the
    provisions of section 103(d)(1) of the National Security Act of
    1947 (50 U.S.C. 403-3(d)(1)).
      "(4) Authority. - Notwithstanding any other provision of law,
    the Attorney General shall retain full authority over the
    operations of the National Drug Intelligence Center."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 106-120, title I, Sec. 104(e), Dec. 3, 1999, 113 Stat.
    1609.
      Pub. L. 105-272, title I, Sec. 104(e), Oct. 20, 1998, 112 Stat.
    2398.
      Pub. L. 105-107, title I, Sec. 104(e), Nov. 20, 1997, 111 Stat.
    2250.
      Pub. L. 104-293, title I, Sec. 104(d), Oct. 11, 1996, 110 Stat.
    3464.
      Pub. L. 103-139, title VIII, Sec. 8056, Nov. 11, 1993, 107 Stat.
    1452, provided that: "During the current fiscal year and
    thereafter, there is established, under the direction and control
    of the Attorney General, the National Drug Intelligence Center,
    whose mission it shall be to coordinate and consolidate drug
    intelligence from all national security and law enforcement
    agencies, and produce information regarding the structure,
    membership, finances, communications, and activities of drug
    trafficking organizations: Provided, That funding for the operation
    of the National Drug Intelligence Center, including personnel costs
    associated therewith, shall be provided from the funds appropriated
    to the Department of Defense."
      Similar provisions were contained in the following prior
    appropriation act:
      Pub. L. 102-396, title IX, Sec. 9078, Oct. 6, 1992, 106 Stat.
    1919.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 42 section 14081.
 
-CITE-
    21 USC Sec. 874                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 874. Advisory committees
 
-STATUTE-
      The Attorney General may from time to time appoint committees to
    advise him with respect to preventing and controlling the abuse of
    controlled substances.  Members of the committees may be entitled
    to receive compensation at the rate of $100 for each day (including
    traveltime) during which they are engaged in the actual performance
    of duties.  While traveling on official business in the performance
    of duties for the committees, members of the committees shall be
    allowed expenses of travel, including per diem instead of
    subsistence, in accordance with subchapter I of chapter 57 of title
    5.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 504, Oct. 27, 1970, 84 Stat. 1272.)
 
-MISC1-
                     TERMINATION OF ADVISORY COMMITTEES
      Advisory committees in existence on Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period following Jan.
    5, 1973, and advisory committees established after Jan. 5, 1973, to
    terminate not later than the expiration of the 2-year period
    beginning on the date of their establishment, unless in the case of
    a committee established by the President or an officer of the
    Federal Government, such committee is renewed by appropriate action
    prior to the expiration of such 2-year period, or in the case of a
    committee established by Congress, its duration is otherwise
    provided by law.  See section 14 of Pub. L. 92-463, Oct. 6, 1972,
    86 Stat. 776, set out in the Appendix to Title 5, Government
    Organization and Employees.
 
-CITE-
    21 USC Sec. 875                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 875. Administrative hearings
 
-STATUTE-
    (a) Power of Attorney General
      In carrying out his functions under this subchapter, the Attorney
    General may hold hearings, sign and issue subpenas, administer
    oaths, examine witnesses, and receive evidence at any place in the
    United States.
    (b) Procedures applicable
      Except as otherwise provided in this subchapter, notice shall be
    given and hearings shall be conducted under appropriate procedures
    of subchapter II of chapter 5 of title 5.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 505, Oct. 27, 1970, 84 Stat. 1272.)
 
-CITE-
    21 USC Sec. 876                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 876. Subpenas
 
-STATUTE-
    (a) Authorization of use by Attorney General
      In any investigation relating to his functions under this
    subchapter with respect to controlled substances, listed chemicals,
    tableting machines, or encapsulating machines, the Attorney General
    may subpena witnesses, compel the attendance and testimony of
    witnesses, and require the production of any records (including
    books, papers, documents, and other tangible things which
    constitute or contain evidence) which the Attorney General finds
    relevant or material to the investigation.  The attendance of
    witnesses and the production of records may be required from any
    place in any State or in any territory or other place subject to
    the jurisdiction of the United States at any designated place of
    hearing; except that a witness shall not be required to appear at
    any hearing more than 500 miles distant from the place where he was
    served with a subpena.  Witnesses summoned under this section shall
    be paid the same fees and mileage that are paid witnesses in the
    courts of the United States.
    (b) Service
      A subpena issued under this section may be served by any person
    designated in the subpena to serve it.  Service upon a natural
    person may be made by personal delivery of the subpena to him.
    Service may be made upon a domestic or foreign corporation or upon
    a partnership or other unincorporated association which is subject
    to suit under a common name, by delivering the subpena to an
    officer, to a managing or general agent, or to any other agent
    authorized by appointment or by law to receive service of process.
    The affidavit of the person serving the subpena entered a true copy
    thereof by the person serving it shall be proof of service.
    (c) Enforcement
      In the case of contumacy by or refusal to obey a subpena issued
    to any person, the Attorney General may invoke the aid of any court
    of the United States within the jurisdiction of which the
    investigation is carried on or of which the subpenaed person is an
    inhabitant, or in which he carries on business or may be found, to
    compel compliance with the subpena.  The court may issue an order
    requiring the subpenaed person to appear before the Attorney
    General to produce records, if so ordered, or to give testimony
    touching the matter under investigation.  Any failure to obey the
    order of the court may be punished by the court as a contempt
    thereof.  All process in any such case may be served in any
    judicial district in which such person may be found.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 506, Oct. 27, 1970, 84 Stat. 1272;
    Pub. L. 100-690, title VI, Sec. 6058, Nov. 18, 1988, 102 Stat.
    4319.)
 
-MISC1-
                                 AMENDMENTS
      1988 - Subsec. (a). Pub. L. 100-690 inserted "listed chemicals,
    tableting machines, or encapsulating machines," after "with
    respect to controlled substances,".
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by Pub. L. 100-690 effective 120 days after Nov. 18,
    1988, see section 6061 of Pub. L. 100-690, set out as a note under
    section 802 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 880 of this title.
 
-CITE-
    21 USC Sec. 877                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 877. Judicial review
 
-STATUTE-
      All final determinations, findings, and conclusions of the
    Attorney General under this subchapter shall be final and
    conclusive decisions of the matters involved, except that any
    person aggrieved by a final decision of the Attorney General may
    obtain review of the decision in the United States Court of Appeals
    for the District of Columbia or for the circuit in which his
    principal place of business is located upon petition filed with the
    court and delivered to the Attorney General within thirty days
    after notice of the decision.  Findings of fact by the Attorney
    General, if supported by substantial evidence, shall be conclusive.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 507, Oct. 27, 1970, 84 Stat. 1273.)
 
-CITE-
    21 USC Sec. 878                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 878. Powers of enforcement personnel
 
-STATUTE-
      (a) Any officer or employee of the Drug Enforcement
    Administration or any State or local law enforcement officer
    designated by the Attorney General may -
        (1) carry firearms;
        (2) execute and serve search warrants, arrest warrants,
      administrative inspection warrants, subpenas, and summonses
      issued under the authority of the United States;
        (3) make arrests without warrant (A) for any offense against
      the United States committed in his presence, or (B) for any
      felony, cognizable under the laws of the United States, if he has
      probable cause to believe that the person to be arrested has
      committed or is committing a felony;
        (4) make seizures of property pursuant to the provisions of
      this subchapter; and
        (5) perform such other law enforcement duties as the Attorney
      General may designate.
      (b) State and local law enforcement officers performing functions
    under this section shall not be deemed Federal employees and shall
    not be subject to provisions of law relating to Federal employees,
    except that such officers shall be subject to section 3374(c) of
    title 5.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 508, Oct. 27, 1970, 84 Stat. 1273;
    Pub. L. 96-132, Sec. 16(b), Nov. 30, 1979, 93 Stat. 1049; Pub. L.
    99-570, title I, Sec. 1869, Oct. 27, 1986, 100 Stat. 3207-55; Pub.
    L. 99-646, Sec. 86, Nov. 10, 1986, 100 Stat. 3620.)
 
-MISC1-
                                 AMENDMENTS
      1986 - Pub. L. 99-570 and Pub. L. 99-646 amended section
    substantially identically designating existing provisions as
    subsec. (a) and adding subsec. (b), with the exception of the
    amendment of subsec. (a) for which Pub. L. 99-570 directed the
    insertion of "or (with respect to offenses under this subchapter
    or subchapter II of this chapter) any State or local law
    enforcement officer" and Pub. L. 99-646 directed the insertion of
    "or any State or local law enforcement officer", the latter of
    which was executed to reflect the probable intent of Congress.
      1979 - Pub. L. 96-132 substituted "Drug Enforcement
    Administration" for "Bureau of Narcotics and Dangerous Drugs".
 
-CITE-
    21 USC Sec. 879                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 879. Search warrants
 
-STATUTE-
      A search warrant relating to offenses involving controlled
    substances may be served at any time of the day or night if the
    judge or United States magistrate judge issuing the warrant is
    satisfied that there is probable cause to believe that grounds
    exist for the warrant and for its service at such time.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 509, Oct. 27, 1970, 84 Stat. 1274;
    Pub. L. 93-481, Sec. 3, Oct. 26, 1974, 88 Stat. 1455; Pub. L.
    101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
 
-MISC1-
                                 AMENDMENTS
      1974 - Pub. L. 93-481 struck out designation "(a)" before "A
    search warrant", and struck out subsec. (b) which permitted
    officers authorized to execute search warrants to break open and
    enter premises under certain circumstances and which required that
    such officers identify themselves and give reasons and authority
    for their entry after such entry.
 
-CHANGE-
                               CHANGE OF NAME
      "United States magistrate judge" substituted in text for
    "United States magistrate" pursuant to section 321 of Pub. L.
    101-650, set out as a note under section 631 of Title 28, Judiciary
    and Judicial Procedure.
 
-CITE-
    21 USC Sec. 880                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 880. Administrative inspections and warrants
 
-STATUTE-
    (a) "Controlled premises" defined
      As used in this section, the term "controlled premises" means -
        (1) places where original or other records or documents
      required under this subchapter are kept or required to be kept,
      and
        (2) places, including factories, warehouses, and other
      establishments, and conveyances, where persons registered under
      section 823 of this title (or exempt from registration under
      section 822(d) of this title or by regulation of the Attorney
      General) or regulated persons may lawfully hold, manufacture,
      distribute, dispense, administer, or otherwise dispose of
      controlled substances or listed chemicals or where records
      relating to those activities are maintained.
    (b) Grant of authority; scope of inspections
      (1) For the purpose of inspecting, copying, and verifying the
    correctness of records, reports, or other documents required to be
    kept or made under this subchapter and otherwise facilitating the
    carrying out of his functions under this subchapter, the Attorney
    General is authorized, in accordance with this section, to enter
    controlled premises and to conduct administrative inspections
    thereof, and of the things specified in this section, relevant to
    those functions.
      (2) Such entries and inspections shall be carried out through
    officers or employees (hereinafter referred to as "inspectors")
    designated by the Attorney General. Any such inspector, upon
    stating his purpose and presenting to the owner, operator, or agent
    in charge of such premises (A) appropriate credentials and (B) a
    written notice of his inspection authority (which notice in the
    case of an inspection requiring, or in fact supported by, an
    administrative inspection warrant shall consist of such warrant),
    shall have the right to enter such premises and conduct such
    inspection at reasonable times.
      (3) Except as may otherwise be indicated in an applicable
    inspection warrant, the inspector shall have the right -
        (A) to inspect and copy records, reports, and other documents
      required to be kept or made under this subchapter;
        (B) to inspect, within reasonable limits and in a reasonable
      manner, controlled premises and all pertinent equipment, finished
      and unfinished drugs, listed chemicals, and other substances or
      materials, containers, and labeling found therein, and, except as
      provided in paragraph (4) of this subsection, all other things
      therein (including records, files, papers, processes, controls,
      and facilities) appropriate for verification of the records,
      reports, and documents referred to in clause (A) or otherwise
      bearing on the provisions of this subchapter; and
        (C) to inventory any stock of any controlled substance or
      listed chemical therein and obtain samples of any such substance
      or chemical.
      (4) Except when the owner, operator, or agent in charge of the
    controlled premises so consents in writing, no inspection
    authorized by this section shall extend to -
        (A) financial data;
        (B) sales data other than shipment data; or
        (C) pricing data.
    (c) Situations not requiring warrants
      A warrant under this section shall not be required for the
    inspection of books and records pursuant to an administrative
    subpena issued in accordance with section 876 of this title, nor
    for entries and administrative inspections (including seizures of
    property) -
        (1) with the consent of the owner, operator, or agent in charge
      of the controlled premises;
        (2) in situations presenting imminent danger to health or
      safety;
        (3) in situations involving inspection of conveyances where
      there is reasonable cause to believe that the mobility of the
      conveyance makes it impracticable to obtain a warrant;
        (4) in any other exceptional or emergency circumstance where
      time or opportunity to apply for a warrant is lacking; or
        (5) in any other situations where a warrant is not
      constitutionally required.
    (d) Administrative inspection warrants; issuance; execution;
        probable cause
      Issuance and execution of administrative inspection warrants
    shall be as follows:
        (1) Any judge of the United States or of a State court of
      record, or any United States magistrate judge, may, within his
      territorial jurisdiction, and upon proper oath or affirmation
      showing probable cause, issue warrants for the purpose of
      conducting administrative inspections authorized by this
      subchapter or regulations thereunder, and seizures of property
      appropriate to such inspections.  For the purposes of this
      section, the term "probable cause" means a valid public
      interest in the effective enforcement of this subchapter or
      regulations thereunder sufficient to justify administrative
      inspections of the area, premises, building, or conveyance, or
      contents thereof, in the circumstances specified in the
      application for the warrant.
        (2) A warrant shall issue only upon an affidavit of an officer
      or employee having knowledge of the facts alleged, sworn to
      before the judge or magistrate judge and establishing the grounds
      for issuing the warrant.  If the judge or magistrate judge is
      satisfied that grounds for the application exist or that there is
      probable cause to believe they exist, he shall issue a warrant
      identifying the area, premises, building, or conveyance to be
      inspected, the purpose of such inspection, and, where
      appropriate, the type of property to be inspected, if any.  The
      warrant shall identify the items or types of property to be
      seized, if any.  The warrant shall be directed to a person
      authorized under subsection (b)(2) of this section to execute
      it.  The warrant shall state the grounds for its issuance and the
      name of the person or persons whose affidavit has been taken in
      support thereof.  It shall command the person to whom it is
      directed to inspect the area, premises, building, or conveyance
      identified for the purpose specified, and, where appropriate,
      shall direct the seizure of the property specified.  The warrant
      shall direct that it be served during normal business hours.  It
      shall designate the judge or magistrate judge to whom it shall be
      returned.
        (3) A warrant issued pursuant to this section must be executed
      and returned within ten days of its date unless, upon a showing
      by the United States of a need therefor, the judge or magistrate
      judge allows additional time in the warrant.  If property is
      seized pursuant to a warrant, the person executing the warrant
      shall give to the person from whom or from whose premises the
      property was taken a copy of the warrant and a receipt for the
      property taken or shall leave the copy and receipt at the place
      from which the property was taken.  The return of the warrant
      shall be made promptly and shall be accompanied by a written
      inventory of any property taken.  The inventory shall be made in
      the presence of the person executing the warrant and of the
      person from whose possession or premises the property was taken,
      if they are present, or in the presence of at least one credible
      person other than the person making such inventory, and shall be
      verified by the person executing the warrant.  The judge or
      magistrate judge, upon request, shall deliver a copy of the
      inventory to the person from whom or from whose premises the
      property was taken and the applicant for the warrant.
        (4) The judge or magistrate judge who has issued a warrant
      under this section shall attach to the warrant a copy of the
      return and all papers filed in connection therewith and shall
      file them with the clerk of the district court of the United
      States for the judicial district in which the inspection was
      made.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 510, Oct. 27, 1970, 84 Stat. 1274;
    Pub. L. 101-647, title XXXV, Sec. 3599M, Nov. 29, 1990, 104 Stat.
    4932; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.
    5117; Pub. L. 103-200, Sec. 6, Dec. 17, 1993, 107 Stat. 2339.)
 
-MISC1-
                                 AMENDMENTS
      1993 - Subsec. (a)(2). Pub. L. 103-200, Sec. 6(1), amended par.
    (2) generally.  Prior to amendment, par. (2) read as follows:
    "places, including factories, warehouses, or other establishments,
    and conveyances, where persons registered under section 823 of this
    title (or exempted from registration under section 822(d) of this
    title) may lawfully hold, manufacture, or distribute, dispense,
    administer, or otherwise dispose of controlled substances."
      Subsec. (b)(3)(B). Pub. L. 103-200, Sec. 6(2)(A), inserted ",
    listed chemicals," after "unfinished drugs".
      Subsec. (b)(3)(C). Pub. L. 103-200, Sec. 6(2)(B), inserted "or
    listed chemical" after "controlled substance" and "or
    chemical" after "such substance".
      1990 - Subsec. (b)(3)(B). Pub. L. 101-647 substituted "paragraph
    (4)" for "paragraph (5)".
 
-CHANGE-
                               CHANGE OF NAME
      "United States magistrate judge" and "magistrate judge"
    substituted for "United States magistrate" and "magistrate",
    respectively, wherever appearing in subsec. (d) pursuant to section
    321 of Pub. L. 101-650, set out as a note under section 631 of
    Title 28, Judiciary and Judicial Procedure.
 
-MISC4-
                      EFFECTIVE DATE OF 1993 AMENDMENT
      Amendment by Pub. L. 103-200 effective on date that is 120 days
    after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
    a note under section 802 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 965 of this title.
 
-CITE-
    21 USC Sec. 881                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 881. Forfeitures
 
-STATUTE-
    (a) Subject property
      The following shall be subject to forfeiture to the United States
    and no property right shall exist in them:
        (1) All controlled substances which have been manufactured,
      distributed, dispensed, or acquired in violation of this
      subchapter.
        (2) All raw materials, products, and equipment of any kind
      which are used, or intended for use, in manufacturing,
      compounding, processing, delivering, importing, or exporting any
      controlled substance or listed chemical in violation of this
      subchapter.
        (3) All property which is used, or intended for use, as a
      container for property described in paragraph (1), (2), or (9).
        (4) All conveyances, including aircraft, vehicles, or vessels,
      which are used, or are intended for use, to transport, or in any
      manner to facilitate the transportation, sale, receipt,
      possession, or concealment of property described in paragraph
      (1), (2), or (9).
        (5) All books, records, and research, including formulas,
      microfilm, tapes, and data which are used, or intended for use,
      in violation of this subchapter.
        (6) All moneys, negotiable instruments, securities, or other
      things of value furnished or intended to be furnished by any
      person in exchange for a controlled substance or listed chemical
      in violation of this subchapter, all proceeds traceable to such
      an exchange, and all moneys, negotiable instruments, and
      securities used or intended to be used to facilitate any
      violation of this subchapter.
        (7) All real property, including any right, title, and interest
      (including any leasehold interest) in the whole of any lot or
      tract of land and any appurtenances or improvements, which is
      used, or intended to be used, in any manner or part, to commit,
      or to facilitate the commission of, a violation of this
      subchapter punishable by more than one year's imprisonment.
        (8) All controlled substances which have been possessed in
      violation of this subchapter.
        (9) All listed chemicals, all drug manufacturing equipment, all
      tableting machines, all encapsulating machines, and all gelatin
      capsules, which have been imported, exported, manufactured,
      possessed, distributed, dispensed, acquired, or intended to be
      distributed, dispensed, acquired, imported, or exported, in
      violation of this subchapter or subchapter II of this chapter.
        (10) Any drug paraphernalia (as defined in section 1822 of the
      Mail Order Drug Paraphernalia Control Act). (FOOTNOTE 1)
       (FOOTNOTE 1) See References in Text note below.
        (11) Any firearm (as defined in section 921 of title 18) used
      or intended to be used to facilitate the transportation, sale,
      receipt, possession, or concealment of property described in
      paragraph (1) or (2) and any proceeds traceable to such property.
    (b) Seizure procedures
      Any property subject to forfeiture to the United States under
    this section may be seized by the Attorney General in the manner
    set forth in section 981(b) of title 18.
    (c) Custody of Attorney General
      Property taken or detained under this section shall not be
    repleviable, but shall be deemed to be in the custody of the
    Attorney General, subject only to the orders and decrees of the
    court or the official having jurisdiction thereof.  Whenever
    property is seized under any of the provisions of this subchapter,
    the Attorney General may -
        (1) place the property under seal;
        (2) remove the property to a place designated by him; or
        (3) require that the General Services Administration take
      custody of the property and remove it, if practicable, to an
      appropriate location for disposition in accordance with law.
    (d) Other laws and proceedings applicable
      The provisions of law relating to the seizure, summary and
    judicial forfeiture, and condemnation of property for violation of
    the customs laws; the disposition of such property or the proceeds
    from the sale thereof; the remission or mitigation of such
    forfeitures; and the compromise of claims shall apply to seizures
    and forfeitures incurred, or alleged to have been incurred, under
    any of the provisions of this subchapter, insofar as applicable and
    not inconsistent with the provisions hereof; except that such
    duties as are imposed upon the customs officer or any other person
    with respect to the seizure and forfeiture of property under the
    customs laws shall be performed with respect to seizures and
    forfeitures of property under this subchapter by such officers,
    agents, or other persons as may be authorized or designated for
    that purpose by the Attorney General, except to the extent that
    such duties arise from seizures and forfeitures effected by any
    customs officer.
    (e) Disposition of forfeited property
      (1) Whenever property is civilly or criminally forfeited under
    this subchapter the Attorney General may -
        (A) retain the property for official use or, in the manner
      provided with respect to transfers under section 1616a of title
      19, transfer the property to any Federal agency or to any State
      or local law enforcement agency which participated directly in
      the seizure or forfeiture of the property;
        (B) except as provided in paragraph (4), sell, by public sale
      or any other commercially feasible means, any forfeited property
      which is not required to be destroyed by law and which is not
      harmful to the public;
        (C) require that the General Services Administration take
      custody of the property and dispose of it in accordance with law;
        (D) forward it to the Bureau of Narcotics and Dangerous Drugs
      for disposition (including delivery for medical or scientific use
      to any Federal or State agency under regulations of the Attorney
      General); or
        (E) transfer the forfeited personal property or the proceeds of
      the sale of any forfeited personal or real property to any
      foreign country which participated directly or indirectly in the
      seizure or forfeiture of the property, if such a transfer -
          (i) has been agreed to by the Secretary of State;
          (ii) is authorized in an international agreement between the
        United States and the foreign country; and
          (iii) is made to a country which, if applicable, has been
        certified under section 2291j(b) of title 22.
      (2)(A) The proceeds from any sale under subparagraph (B) of
    paragraph (1) and any moneys forfeited under this subchapter shall
    be used to pay -
        (i) all property expenses of the proceedings for forfeiture and
      sale including expenses of seizure, maintenance of custody,
      advertising, and court costs; and
        (ii) awards of up to $100,000 to any individual who provides
      original information which leads to the arrest and conviction of
      a person who kills or kidnaps a Federal drug law enforcement
      agent.
    Any award paid for information concerning the killing or kidnapping
    of a Federal drug law enforcement agent, as provided in clause
    (ii), shall be paid at the discretion of the Attorney General.
      (B) The Attorney General shall forward to the Treasurer of the
    United States for deposit in accordance with section 524(c) of
    title 28, any amounts of such moneys and proceeds remaining after
    payment of the expenses provided in subparagraph (A), except that,
    with respect to forfeitures conducted by the Postal Service, the
    Postal Service shall deposit in the Postal Service Fund, under
    section 2003(b)(7) of title 39, such moneys and proceeds.
      (3) The Attorney General shall assure that any property
    transferred to a State or local law enforcement agency under
    paragraph (1)(A) -
        (A) has a value that bears a reasonable relationship to the
      degree of direct participation of the State or local agency in
      the law enforcement effort resulting in the forfeiture, taking
      into account the total value of all property forfeited and the
      total law enforcement effort with respect to the violation of law
      on which the forfeiture is based; and
        (B) will serve to encourage further cooperation between the
      recipient State or local agency and Federal law enforcement
      agencies.
      (4)(A) With respect to real property described in subparagraph
    (B), if the chief executive officer of the State involved submits
    to the Attorney General a request for purposes of such
    subparagraph, the authority established in such subparagraph is in
    lieu of the authority established in paragraph (1)(B).
      (B) In the case of property described in paragraph (1)(B) that is
    civilly or criminally forfeited under this subchapter, if the
    property is real property that is appropriate for use as a public
    area reserved for recreational or historic purposes or for the
    preservation of natural conditions, the Attorney General, upon the
    request of the chief executive officer of the State in which the
    property is located, may transfer title to the property to the
    State, either without charge or for a nominal charge, through a
    legal instrument providing that -
        (i) such use will be the principal use of the property; and
        (ii) title to the property reverts to the United States in the
      event that the property is used otherwise.
    (f) Forfeiture and destruction of schedule I and II substances
      (1) All controlled substances in schedule I or II that are
    possessed, transferred, sold, or offered for sale in violation of
    the provisions of this subchapter; all dangerous, toxic, or
    hazardous raw materials or products subject to forfeiture under
    subsection (a)(2) of this section; and any equipment or container
    subject to forfeiture under subsection (a)(2) or (3) of this
    section which cannot be separated safely from such raw materials or
    products shall be deemed contraband and seized and summarily
    forfeited to the United States. Similarly, all substances in
    schedule I or II, which are seized or come into the possession of
    the United States, the owners of which are unknown, shall be deemed
    contraband and summarily forfeited to the United States.
      (2) The Attorney General may direct the destruction of all
    controlled substances in schedule I or II seized for violation of
    this subchapter; all dangerous, toxic, or hazardous raw materials
    or products subject to forfeiture under subsection (a)(2) of this
    section; and any equipment or container subject to forfeiture under
    subsection (a)(2) or (3) of this section which cannot be separated
    safely from such raw materials or products under such circumstances
    as the Attorney General may deem necessary.
    (g) Plants
      (1) All species of plants from which controlled substances in
    schedules I and II may be derived which have been planted or
    cultivated in violation of this subchapter, or of which the owners
    or cultivators are unknown, or which are wild growths, may be
    seized and summarily forfeited to the United States.
      (2) The failure, upon demand by the Attorney General or his duly
    authorized agent, of the person in occupancy or in control of land
    or premises upon which such species of plants are growing or being
    stored, to produce an appropriate registration, or proof that he is
    the holder thereof, shall constitute authority for the seizure and
    forfeiture.
      (3) The Attorney General, or his duly authorized agent, shall
    have authority to enter upon any lands, or into any dwelling
    pursuant to a search warrant, to cut, harvest, carry off, or
    destroy such plants.
    (h) Vesting of title in United States
      All right, title, and interest in property described in
    subsection (a) of this section shall vest in the United States upon
    commission of the act giving rise to forfeiture under this section.
    (i) Stay of civil forfeiture proceedings
      The provisions of section 981(g) of title 18 regarding the stay
    of a civil forfeiture proceeding shall apply to forfeitures under
    this section.
    (j) Venue
      In addition to the venue provided for in section 1395 of title 28
    or any other provision of law, in the case of property of a
    defendant charged with a violation that is the basis for forfeiture
    of the property under this section, a proceeding for forfeiture
    under this section may be brought in the judicial district in which
    the defendant owning such property is found or in the judicial
    district in which the criminal prosecution is brought.
    (l) (FOOTNOTE 2) Agreement between Attorney General and Postal
        Service for performance of functions
       (FOOTNOTE 2) So in original.  No subsec. (k) has been enacted.
      The functions of the Attorney General under this section shall be
    carried out by the Postal Service pursuant to such agreement as may
    be entered into between the Attorney General and the Postal
    Service.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 511, Oct. 27, 1970, 84 Stat. 1276;
    Pub. L. 95-633, title III, Sec. 301(a), Nov. 10, 1978, 92 Stat.
    3777; Pub. L. 96-132, Sec. 14, Nov. 30, 1979, 93 Stat. 1048; Pub.
    L. 98-473, title II, Sec. 306, 309, 518, Oct. 12, 1984, 98 Stat.
    2050, 2051, 2075; Pub. L. 99-570, title I, Sec. 1006(c), 1865,
    1992, Oct. 27, 1986, 100 Stat. 3207-7, 3207-54, 3207-59; Pub. L.
    99-646, Sec. 74, Nov. 10, 1986, 100 Stat. 3618; Pub. L. 100-690,
    title V, Sec. 5105, title VI, Sec. 6059, 6074, 6075, 6077(a), (b),
    6253, Nov. 18, 1988, 102 Stat. 4301, 4319, 4323-4325, 4363; Pub. L.
    101-189, div.  A, title XII, Sec. 1215(a), Nov. 29, 1989, 103 Stat.
    1569; Pub. L. 101-647, title XX, Sec. 2003, 2004, 2007, 2008, Nov.
    29, 1990, 104 Stat. 4855, 4856; Pub. L. 102-239, Sec. 2, Dec. 17,
    1991, 105 Stat. 1912; Pub. L. 103-447, title I, Sec. 102(d), Nov.
    2, 1994, 108 Stat. 4693; Pub. L. 104-237, title II, Sec. 201(b),
    Oct. 3, 1996, 110 Stat. 3101; Pub. L. 106-185, Sec. 2(c)(2), 5(b),
    8(b), Apr. 25, 2000, 114 Stat. 210, 214, 216.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Subchapter II of this chapter, referred to in subsec. (a)(9), was
    in the original "title III", meaning title III of Pub. L. 91-513,
    Oct. 27, 1970, 84 Stat. 1285. Part A of title III comprises
    subchapter II of this chapter.  For classification of Part B,
    consisting of sections 1101 to 1105 of title III, see Tables.
      Section 1822 of the Mail Order Drug Paraphernalia Control Act,
    referred to in subsec. (a)(10), is section 1822 of Pub. L. 99-570,
    title I, Oct. 27, 1986, 100 Stat. 3207-51, which was repealed by
    Pub. L. 101-647, title XXIV, Sec. 2401(d), Nov. 29, 1990, 104 Stat.
    4859. Prior to repeal, subsec. (d) of section 1822 of Pub. L.
    99-570, which defined "drug paraphernalia", was transferred to
    subsec. (d) of section 422 of title II of Pub. L. 91-513, the
    Controlled Substances Act. Section 422 of Pub. L. 91-513 is
    classified to section 863 of this title.
      The customs laws, referred to in subsec. (d), are classified
    generally to Title 19, Customs Duties.
      Schedules I and II, referred to in subsecs. (f) and (g), are set
    out in section 812(c) of this title.
 
-MISC2-
                                 AMENDMENTS
      2000 - Subsec. (a)(4). Pub. L. 106-185, Sec. 2(c)(2), struck out
    before period at end ", except that -
        "(A) no conveyance used by any person as a common carrier in
      the transaction of business as a common carrier shall be
      forfeited under the provisions of this section unless it shall
      appear that the owner or other person in charge of such
      conveyance was a consenting party or privy to a violation of this
      subchapter or subchapter II of this chapter;
        "(B) no conveyance shall be forfeited under the provisions of
      this section by reason of any act or omission established by the
      owner thereof to have been committed or omitted by any person
      other than such owner while such conveyance was unlawfully in the
      possession of a person other than the owner in violation of the
      criminal laws of the United States, or of any State; and
        "(C) no conveyance shall be forfeited under this paragraph to
      the extent of an interest of an owner, by reason of any act or
      omission established by that owner to have been committed or
      omitted without the knowledge, consent, or willful blindness of
      the owner".
      Subsec. (a)(6). Pub. L. 106-185, Sec. 2(c)(2), struck out before
    period at end ", except that no property shall be forfeited under
    this paragraph, to the extent of the interest of an owner, by
    reason of any act or omission established by that owner to have
    been committed or omitted without the knowledge or consent of that
    owner".
      Subsec. (a)(7). Pub. L. 106-185, Sec. 2(c)(2), struck out before
    period at end ", except that no property shall be forfeited under
    this paragraph, to the extent of an interest of an owner, by reason
    of any act or omission established by that owner to have been
    committed or omitted without the knowledge or consent of that
    owner".
      Subsec. (b). Pub. L. 106-185, Sec. 5(b), inserted heading and
    amended text of subsec. (b) generally.  Prior to amendment, subsec.
    (b) authorized the Attorney General to seize property under this
    subchapter upon process issued pursuant to the Supplemental Rules
    for Certain Admirality and Maritime claims and to seize it without
    process in certain described circumstances.
      Subsec. (i). Pub. L. 106-185, Sec. 8(b), inserted heading and
    amended text of subsec. (i) generally.  Prior to amendment, text
    read as follows: "The filing of an indictment or information
    alleging a violation of this subchapter or subchapter II of this
    chapter, or a violation of State or local law that could have been
    charged under this subchapter or subchapter II of this chapter,
    which is also related to a civil forfeiture proceeding under this
    section shall, upon motion of the United States and for good cause
    shown, stay the civil forfeiture proceeding."
      1996 - Subsec. (a)(2), (6). Pub. L. 104-237, Sec. 201(b)(1),
    inserted "or listed chemical" after "controlled substance".
      Subsec. (a)(9). Pub. L. 104-237, Sec. 201(b)(2), substituted
    "possessed, distributed, dispensed, acquired, or intended to be
    distributed, dispensed, acquired," for "possessed, distributed,
    or intended to be distributed," and struck out "a felony
    provision of" after "in violation of".
      1994 - Subsec. (e)(1)(E)(iii). Pub. L. 103-447 substituted
    "section 2291j(b) of title 22" for "section 2291(h) of title
    22".
      1991 - Subsec. (e)(1)(B). Pub. L. 102-239, Sec. 2(1), substituted
    "except as provided in paragraph (4), sell" for "sell".
      Subsec. (e)(4). Pub. L. 102-239, Sec. 2(2), added par. (4).
      1990 - Subsec. (a)(10). Pub. L. 101-647, Sec. 2007, added par.
    (10).
      Subsec. (a)(11). Pub. L. 101-647, Sec. 2008, added par. (11).
      Subsec. (e)(1)(B). Pub. L. 101-647, Sec. 2003, inserted ", by
    public sale or any other commercially feasible means," after
    "sell".
      Subsec. (f). Pub. L. 101-647, Sec. 2004, inserted "; all
    dangerous, toxic, or hazardous raw materials or products subject to
    forfeiture under subsection (a)(2) of this section; and any
    equipment or container subject to forfeiture under subsection
    (a)(2) or (3) of this section which cannot be separated safely from
    such raw materials or products" after "this subchapter" in pars.
    (1) and (2).
      1989 - Subsec. (e)(3)(B). Pub. L. 101-189 amended subpar. (B)
    generally.  Prior to amendment, subpar. (B) read as follows: "is
    not so transferred to circumvent any requirement of State law that
    prohibits forfeiture or limits use or disposition of property
    forfeited to State or local agencies."
      1988 - Subsec. (a)(3). Pub. L. 100-690, Sec. 6059(b), inserted
    reference to par. (9).
      Subsec. (a)(4). Pub. L. 100-690, Sec. 6059(b), 6075, inserted in
    introductory provisions reference to par. (9) and added subpar.
    (C).
      Subsec. (a)(7). Pub. L. 100-690, Sec. 5105, inserted "(including
    any leasehold interest)" after "interest".
      Subsec. (a)(9). Pub. L. 100-690, Sec. 6059(a), added par. (9).
      Subsec. (e)(1)(A). Pub. L. 100-690, Sec. 6077(b), amended subpar.
    (A) generally.  Prior to amendment, subpar. (A) read as follows:
    "retain the property for official use or transfer the custody or
    ownership of any forfeited property to any Federal, State, or local
    agency pursuant to section 1616a of title 19;".
      Subsec. (e)(1)(E). Pub. L. 100-690, Sec. 6074, added subpar. (E).
      Subsec. (e)(2)(B). Pub. L. 100-690, Sec. 6253(b), provided for
    deposit of moneys and proceeds in Postal Service Fund in cases of
    forfeitures conducted by Postal Service.
      Subsec. (e)(3). Pub. L. 100-690, Sec. 6077(a), added par. (3).
      Subsec. (l). Pub. L. 100-690, Sec. 6253(a), added subsec. (l).
      1986 - Subsec. (b). Pub. L. 99-570, Sec. 1865(1)-(3), and Pub. L.
    99-646, Sec. 74(1)-(3), in making identical amendments in
    introductory provision and par. (4), struck out "or criminal"
    after "subject to civil" and inserted paragraph permitting the
    Government to request issuance of a warrant authorizing seizure of
    property subject to forfeiture under this section in the same
    manner as provided for a search warrant under the Federal Rules of
    Criminal Procedure.
      Subsec. (e). Pub. L. 99-570, Sec. 1992, designated existing
    provisions as par. (1) and former pars. (1) to (4) as subpars. (A)
    to (D), respectively, and added par. (2) in lieu of former
    concluding provisions which read as follows: "The Attorney General
    shall ensure the equitable transfer pursuant to paragraph (1) of
    any forfeited property to the appropriate State or local law
    enforcement agency so as to reflect generally the contribution of
    any such agency participating directly in any of the acts which led
    to the seizure or forfeiture of such property.  A decision by the
    Attorney General pursuant to paragraph (1) shall not be subject to
    review.  The proceeds from any sale under paragraph (2) and any
    moneys forfeited under this subchapter shall be used to pay all
    proper expenses of the proceedings for forfeiture and sale
    including expenses of seizure, maintenance of custody, advertising,
    and court costs.  The Attorney General shall forward to the
    Treasurer of the United States for deposit in accordance with
    section 524(c) of title 28 any amounts of such moneys and proceeds
    remaining after payment of such expenses."
      Subsec. (f). Pub. L. 99-570, Sec. 1006(c), which directed the
    amendment of section 511 of the "Comprehensive Drug Abuse
    Prevention Act of 1978" was executed to this section which is
    section 511 of the Comprehensive Drug Abuse Prevention Act of 1970,
    as the probable intent of Congress, by designating existing
    provisions as par. (1), inserting "or II" in two places, and
    adding par. (2).
      Subsec. (i). Pub. L. 99-570, Sec. 1865(b) and Pub. L. 99-646,
    Sec. 74(b), made identical amendments, inserting ", or a violation
    of State or local law that could have been charged under this
    subchapter or subchapter II of this chapter,".
      1984 - Subsec. (a)(7). Pub. L. 98-473, Sec. 306(a), added par.
    (7).
      Subsec. (a)(8). Pub. L. 98-473, Sec. 518, added par. (8).
      Subsec. (b). Pub. L. 98-473, Sec. 306(b)(1), inserted "civil or
    criminal" after "property subject to".
      Subsec. (b)(4). Pub. L. 98-473, Sec. 306(b)(2), substituted "is
    subject to civil or criminal forfeiture under" for "has been used
    or is intended to be used in violation of".
      Subsec. (c). Pub. L. 98-473, Sec. 306(c)(1), in provisions
    preceding par. (1), inserted "any of" after "seized under".
      Subsec. (c)(3). Pub. L. 98-473, Sec. 306(c)(2), inserted ", if
    practicable," after "remove it".
      Subsec. (d). Pub. L. 98-473, Sec. 306(d), inserted "any of"
    after "incurred, under".
      Subsec. (e). Pub. L. 98-473, Sec. 306(e), 309, inserted "civilly
    or criminally" after "Whenever property is" and in provisions
    preceding par. (1), inserted provisions relating to transfer of
    custody or ownership of forfeited property in par. (1), substituted
    "and dispose of it" for "and remove it for disposition" in par.
    (3), and, in provisions following par. (4), inserted sentence
    requiring the Attorney General to ensure equitable transfer of any
    forfeited property, and substituted "accordance with section
    524(c) of title 28" for "the general fund of the United States
    Treasury".
      Subsecs. (h) to (j). Pub. L. 98-473, Sec. 306(f), added subsecs.
    (h) to (j).
      1979 - Subsec. (d). Pub. L. 96-132 substituted "The provisions"
    for "All provisions" and struck out "and the award of
    compensation to informers in respect of such forfeitures" after
    "compromise of claims".
      1978 - Subsec. (a)(6). Pub. L. 95-633, Sec. 301(1), added par.
    (6).
      Subsec. (e). Pub. L. 95-633, Sec. 301(a)(2), (3), struck out of
    cl. (2) provisions relating to use of proceeds of sale and inserted
    last sentence relating to the forwarding by the Attorney General of
    money and proceeds remaining after payment of expenses.
                      EFFECTIVE DATE OF 2000 AMENDMENT
      Amendment by Pub. L. 106-185 applicable to any forfeiture
    proceeding commenced on or after the date that is 120 days after
    Apr. 25, 2000, see section 21 of Pub. L. 106-185, set out as a note
    under section 1324 of Title 8, Aliens and Nationality.
                      EFFECTIVE DATE OF 1989 AMENDMENT
      Section 1215(b) of Pub. L. 101-189 provided that: "The amendment
    made by subsection (a) (amending this section) shall take effect as
    of October 1, 1989."
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by section 6059 of Pub. L. 100-690 effective 120 days
    after Nov. 18, 1988, see section 6061 of Pub. L. 100-690, set out
    as a note under section 802 of this title.
      Section 6077(c) of Pub. L. 100-690, as amended by Pub. L.
    101-162, title II, Sec. 208, Nov. 21, 1989, 103 Stat. 1005,
    provided that: "Section 551(e)(3)(B) of the Controlled Substances
    Act (probably means section 511(e)(3)(B) of the Controlled
    Substances Act, 21 U.S.C. 881(e)(3)(B)), as enacted by subsection
    (a), shall apply with respect to fiscal years beginning after
    September 30, 1991."
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      Bureau of Narcotics and Dangerous Drugs, including office of
    Director thereof, in Department of Justice abolished by Reorg. Plan
    No. 2 of 1973, eff.  July 1, 1973, 38 F.R. 15932, 87 Stat. 1091,
    set out in the Appendix to Title 5, Government Organization and
    Employees. Reorg. Plan No. 2 of 1973 also created in Department of
    Justice a single, comprehensive agency for enforcement of drug laws
    to be known as Drug Enforcement Administration, empowered Attorney
    General to authorize performance by officers, employees, and
    agencies of Department of functions transferred to him, and
    directed Attorney General to coordinate all drug law enforcement
    functions to assure maximum cooperation between Drug Enforcement
    Administration, Federal Bureau of Investigation, and other units of
    Department of Justice involved in drug law enforcement.
 
-MISC5-
                      CONSTRUCTIVE SEIZURE PROCEDURES
      Pub. L. 101-225, title II, Sec. 210, Dec. 12, 1989, 103 Stat.
    1913, provided that: "Not later than 6 months after the date of
    enactment of this Act (Dec. 12, 1989), the Secretary of
    Transportation and the Secretary of the Treasury, in order to avoid
    the devastating economic effects on innocent owners of seizures of
    their vessels, shall develop a procedure for constructive seizure
    of vessels of the United States engaged in commercial service as
    defined in section 2101 of title 46, United States Code, that are
    suspected of being used for committing violations of law involving
    personal use quantities of controlled substances."
       REGULATIONS FOR EXPEDITED ADMINISTRATIVE FORFEITURE PROCEDURES
      Section 6079 of Pub. L. 100-690 provided that:
      "(a) In General. - Not later than 90 days after the date of
    enactment of this Act (Nov. 18, 1988), the Attorney General and the
    Secretary of the Treasury shall consult, and after providing a
    30-day public comment period, shall prescribe regulations for
    expedited administrative procedures for seizures under section
    511(a)(4), (6), and (7) of the Controlled Substances Act (21 U.S.C.
    881(a)(4), (6), and (7)); section 596 of the Tariff Act of 1930 (19
    U.S.C. 1595a(a)); and section 2 of the Act of August 9, 1939 (53
    Stat. 1291; 49 U.S.C. App. 782 (now 49 U.S.C. 80303)) for
    violations involving the possession of personal use quantities of a
    controlled substance.
      "(b) Specifications. - The regulations prescribed pursuant to
    subsection (a) shall -
        "(1) minimize the adverse impact caused by prolonged
      detention, and
        "(2) provide for a final administrative determination of the
      case within 21 days of seizure, or provide a procedure by which
      the defendant can obtain release of the property pending a final
      determination of the case.  Such regulations shall provide that
      the appropriate agency official rendering a final determination
      shall immediately return the property if the following conditions
      are established:
          "(A) the owner or interested party did not know of or
        consent to the violation;
          "(B) the owner establishes a valid, good faith interest in
        the seized property as owner or otherwise; and
          "(C)(1) the owner establishes that the owner at no time had
        any knowledge or reason to believe that the property in which
        the owner claims an interest was being or would be used in a
        violation of the law; and
          "(2) if the owner at any time had, or should have had,
        knowledge or reason to believe that the property in which the
        owner claims an interest was being or would be used in a
        violation of the law, that the owner did what reasonably could
        be expected to prevent the violation.
    An owner shall not have the seized property returned under this
    subsection if the owner had not acted in a normal and customary
    manner to ascertain how the property would be used.
      "(c) Notice. - At the time of seizure or upon issuance of a
    summons to appear under subsection (d), the officer making the
    seizure shall furnish to any person in possession of the conveyance
    a written notice specifying the procedures under this section.  At
    the earliest practicable opportunity after determining ownership of
    the seized conveyance, the head of the department or agency that
    seizes the conveyance shall furnish a written notice to the owner
    and other interested parties (including lienholders) of the legal
    and factual basis of the seizure.
      "(d) Summons in Lieu of Seizure of Commercial Fishing Industry
    Vessels. - Not later than 90 days after the enactment of this Act
    (Nov. 18, 1988), the Attorney General, the Secretary of the
    Treasury, and the Secretary of Transportation shall prescribe joint
    regulations, after a public comment period of at least 30 days,
    providing for issuance of a summons to appear in lieu of seizure of
    a commercial fishing industry vessel as defined in section
    2101(11a), (11b), and (11c) of title 46, United States Code, for
    violations involving the possession of personal use quantities of a
    controlled substance.  These regulations shall apply when the
    violation is committed on a commercial fishing industry vessel that
    is proceeding to or from a fishing area or intermediate port of
    call, or is actively engaged in fishing operations.  The authority
    provided under this section shall not affect existing authority to
    arrest an individual for drug-related offenses or to release that
    individual into the custody of the vessel's master.  Upon answering
    a summons to appear, the procedures set forth in subsections (a),
    (b), and (c) of this section shall apply.  The jurisdiction of the
    district court for any forfeiture incurred shall not be affected by
    the use of a summons under this section.
      "(e) Personal Use Quantities of a Controlled Substance. - For
    the purposes of this section, personal use quantities of a
    controlled substance shall not include sweepings or other evidence
    of non-personal use amounts."
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 824, 842, 853, 958, 965
    of this title; title 16 section 559d; title 33 section 1415; title
    46 App. section 1904.
 
-CITE-
    21 USC Sec. 881-1, 881a                                      01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 881-1, 881a. Transferred
 
-COD-
                                CODIFICATION
      Section 881-1, Pub. L. 91-513, title II, Sec. 511A, as added Pub.
    L. 100-690, title VI, Sec. 6080(a), Nov. 18, 1988, 102 Stat. 4326,
    which related to expedited procedures for seized conveyances, was
    renumbered Sec. 518 of Pub. L. 91-513 by Pub. L. 101-647, title X,
    Sec. 1002(h)(1), Nov. 29, 1990, 104 Stat. 4828, transferred to
    section 888 of this title and subsequently repealed.
      Section 881a, Pub. L. 99-198, title XVII, Sec. 1764, Dec. 23,
    1985, 99 Stat. 1652, which related to production control of
    controlled substances, was renumbered section 519 of the Controlled
    Substances Act by Pub. L. 101-647, title X, Sec. 1002(h)(2), Nov.
    29, 1990, 104 Stat. 4828, and is classified to section 889 of this
    title.
 
-CITE-
    21 USC Sec. 882                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 882. Injunctions
 
-STATUTE-
    (a) Jurisdiction
      The district courts of the United States and all courts
    exercising general jurisdiction in the territories and possessions
    of the United States shall have jurisdiction in proceedings in
    accordance with the Federal Rules of Civil Procedure to enjoin
    violations of this subchapter.
    (b) Jury trial
      In case of an alleged violation of an injunction or restraining
    order issued under this section, trial shall, upon demand of the
    accused, be by a jury in accordance with the Federal Rules of Civil
    Procedure.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 512, Oct. 27, 1970, 84 Stat. 1278.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Rules of Civil Procedure, referred to in subsecs. (a)
    and (b), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.
 
-CITE-
    21 USC Sec. 883                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 883. Enforcement proceedings
 
-STATUTE-
      Before any violation of this subchapter is reported by the
    Administrator of the Drug Enforcement Administration to any United
    States attorney for institution of a criminal proceeding, the
    Administrator may require that the person against whom such
    proceeding is contemplated is given appropriate notice and an
    opportunity to present his views, either orally or in writing, with
    regard to such contemplated proceeding.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 513, Oct. 27, 1970, 84 Stat. 1278;
    Pub. L. 96-132, Sec. 16(c), Nov. 30, 1979, 93 Stat. 1049.)
 
-MISC1-
                                 AMENDMENTS
      1979 - Pub. L. 96-132 substituted "Administrator of the Drug
    Enforcement Administration" for "Director of the Bureau of
    Narcotics and Dangerous Drugs" and "Administrator may" for
    "Director may".
 
-CITE-
    21 USC Sec. 884                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 884. Immunity and privilege
 
-STATUTE-
    (a) Refusal to testify
      Whenever a witness refuses, on the basis of his privilege against
    self-incrimination, to testify or provide other information in a
    proceeding before a court or grand jury of the United States,
    involving a violation of this subchapter, and the person presiding
    over the proceeding communicates to the witness an order issued
    under this section, the witness may not refuse to comply with the
    order on the basis of his privilege against self-incrimination.
    But no testimony or other information compelled under the order
    issued under subsection (b) of this section or any information
    obtained by the exploitation of such testimony or other
    information, may be used against the witness in any criminal case,
    including any criminal case brought in a court of a State, except a
    prosecution for perjury, giving a false statement, or otherwise
    failing to comply with the order.
    (b) Order of United States district court
      In the case of any individual who has been or may be called to
    testify or provide other information at any proceeding before a
    court or grand jury of the United States, the United States
    district court for the judicial district in which the proceeding is
    or may be held shall issue, upon the request of the United States
    attorney for such district, an order requiring such individual to
    give any testimony or provide any other information which he
    refuses to give or provide on the basis of his privilege against
    self-incrimination.
    (c) Request by United States attorney
      A United States attorney may, with the approval of the Attorney
    General or the Deputy Attorney General, the Associate Attorney
    General, or any Assistant Attorney General designated by the
    Attorney General, request an order under subsection (b) of this
    section when in his judgment -
        (1) the testimony or other information from such individual may
      be necessary to the public interest; and
        (2) such individual has refused or is likely to refuse to
      testify or provide other information on the basis of his
      privilege against self-incrimination.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 514, Oct. 27, 1970, 84 Stat. 1278;
    Pub. L. 100-690, title VII, Sec. 7020(f), Nov. 18, 1988, 102 Stat.
    4396.)
 
-MISC1-
                                 AMENDMENTS
      1988 - Subsec. (c). Pub. L. 100-690 inserted reference to
    Associate Attorney General.
 
-CITE-
    21 USC Sec. 885                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 885. Burden of proof; liabilities
 
-STATUTE-
    (a) Exemptions and exceptions; presumption in simple possession
        offenses
      (1) It shall not be necessary for the United States to negative
    any exemption or exception set forth in this subchapter in any
    complaint, information, indictment, or other pleading or in any
    trial, hearing, or other proceeding under this subchapter, and the
    burden of going forward with the evidence with respect to any such
    exemption or exception shall be upon the person claiming its
    benefit.
      (2) In the case of a person charged under section 844(a) of this
    title with the possession of a controlled substance, any label
    identifying such substance for purposes of section 353(b)(2) of
    this title shall be admissible in evidence and shall be prima facie
    evidence that such substance was obtained pursuant to a valid
    prescription from a practitioner while acting in the course of his
    professional practice.
    (b) Registration and order forms
      In the absence of proof that a person is the duly authorized
    holder of an appropriate registration or order form issued under
    this subchapter, he shall be presumed not to be the holder of such
    registration or form, and the burden of going forward with the
    evidence with respect to such registration or form shall be upon
    him.
    (c) Use of vehicles, vessels, and aircraft
      The burden of going forward with the evidence to establish that a
    vehicle, vessel, or aircraft used in connection with controlled
    substances in schedule I was used in accordance with the provisions
    of this subchapter shall be on the persons engaged in such use.
    (d) Immunity of Federal, State, local and other officials
      Except as provided in section 2234 and 2235 of title 18, no civil
    or criminal liability shall be imposed by virtue of this subchapter
    upon any duly authorized Federal officer lawfully engaged in the
    enforcement of this subchapter, or upon any duly authorized officer
    of any State, territory, political subdivision thereof, the
    District of Columbia, or any possession of the United States, who
    shall be lawfully engaged in the enforcement of any law or
    municipal ordinance relating to controlled substances.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 515, Oct. 27, 1970, 84 Stat. 1279.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Schedule I, referred to in subsec. (c), is set out in section
    812(c) of this title.
 
-CITE-
    21 USC Sec. 886                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 886. Payments and advances
 
-STATUTE-
    (a) Payment to informers
      The Attorney General is authorized to pay any person, from funds
    appropriated for the Drug Enforcement Administration, for
    information concerning a violation of this subchapter, such sum or
    sums of money as he may deem appropriate, without reference to any
    moieties or rewards to which such person may otherwise be entitled
    by law.
    (b) Reimbursement for purchase of controlled substances
      Moneys expended from appropriations of the Drug Enforcement
    Administration for purchase of controlled substances and
    subsequently recovered shall be reimbursed to the current
    appropriation for the Administration. (FOOTNOTE 1)
       (FOOTNOTE 1) See Codification note below.
    (c) Advance of funds for enforcement purposes
      The Attorney General is authorized to direct the advance of funds
    by the Treasury Department in connection with the enforcement of
    this subchapter.
    (d) Drug Pollution Fund
      (1) There is established in the Treasury a trust fund to be known
    as the "Drug Pollution Fund" (hereinafter referred to in this
    subsection as the "Fund"), consisting of amounts appropriated or
    credited to such Fund under section 841(b)(6) of this title.
      (2) There are hereby appropriated to the Fund amounts equivalent
    to the fines imposed under section 841(b)(6) of this title.
      (3) Amounts in the Fund shall be available, as provided in
    appropriations Acts, for the purpose of making payments in
    accordance with paragraph (4) for the clean up of certain pollution
    resulting from the actions referred to in section 841(b)(6) of this
    title.
      (4)(A) The Secretary of the Treasury, after consultation with the
    Attorney General, shall make payments under paragraph (3), in such
    amounts as the Secretary determines appropriate, to the heads of
    executive agencies or departments that meet the requirements of
    subparagraph (B).
      (B) In order to receive a payment under paragraph (3), the head
    of an executive agency or department shall submit an application in
    such form and containing such information as the Secretary of the
    Treasury shall by regulation require.  Such application shall
    contain a description of the fine imposed under section 841(b)(6)
    of this title, the circumstances surrounding the imposition of such
    fine, and the type and severity of pollution that resulted from the
    actions to which such fine applies.
      (5) For purposes of subchapter B of chapter 98 of title 26, the
    Fund established under this paragraph shall be treated in the same
    manner as a trust fund established under subchapter A of such
    chapter.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 516, Oct. 27, 1970, 84 Stat. 1279;
    Pub. L. 96-132, Sec. 16(b), Nov. 30, 1979, 93 Stat. 1049; Pub. L.
    100-690, title VI, Sec. 6254(i), Nov. 18, 1988, 102 Stat. 4367.)
 
-COD-
                                CODIFICATION
      In subsec. (b), "Administration" substituted for "Bureau" as
    the probable intent of Congress in view of amendment by Pub. L.
    96-132, which substituted references to the Drug Enforcement
    Administration for references to the Bureau of Narcotics and
    Dangerous Drugs wherever appearing in text.
 
-MISC3-
                                 AMENDMENTS
      1988 - Subsec. (d). Pub. L. 100-690 added subsec. (d).
      1979 - Subsecs. (a), (b). Pub. L. 96-132 substituted "Drug
    Enforcement Administration" for "Bureau of Narcotics and
    Dangerous Drugs".
        REIMBURSEMENT BY DRUG ENFORCEMENT ADMINISTRATION OF EXPENSES
             INCURRED TO REMEDIATE METHAMPHETAMINE LABORATORIES
      Pub. L. 106-310, div.  B, title XXXVI, Sec. 3672, Oct. 17, 2000,
    114 Stat. 1246, provided that:
      "(a) Reimbursement Authorized. - The Attorney General, acting
    through the Administrator of the Drug Enforcement Administration,
    may reimburse States, units of local government, Indian tribal
    governments, other public entities, and multi-jurisdictional or
    regional consortia thereof for expenses incurred to clean up and
    safely dispose of substances associated with clandestine
    methamphetamine laboratories which may present a danger to public
    health or the environment.
      "(b) Additional DEA Personnel. - From amounts appropriated or
    otherwise made available to carry out this section, the Attorney
    General may hire not more than five additional Drug Enforcement
    Administration personnel to administer this section.
      "(c) Authorization of Appropriations. - There is authorized to
    be appropriated to the Attorney General to carry out this section
    $20,000,000 for fiscal year 2001."
 
-CITE-
    21 USC Sec. 886a                                             01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 886a. Diversion Control Fee Account
 
-STATUTE-
      There is established in the general fund of the Treasury a
    separate account which shall be known as the Diversion Control Fee
    Account. For fiscal year 1993 and thereafter:
        (1) There shall be deposited as offsetting receipts into that
      account all fees collected by the Drug Enforcement
      Administration, in excess of $15,000,000, for the operation of
      its diversion control program.
        (2) Such amounts as are deposited into the Diversion Control
      Fee Account shall remain available until expended and shall be
      refunded out of that account by the Secretary of the Treasury, at
      least on a quarterly basis, to reimburse the Drug Enforcement
      Administration for expenses incurred in the operation of the
      diversion control program.
        (3) Fees charged by the Drug Enforcement Administration under
      its diversion control program shall be set at a level that
      ensures the recovery of the full costs of operating the various
      aspects of that program.
        (4) The amount required to be refunded from the Diversion
      Control Fee Account for fiscal year 1994 and thereafter shall be
      refunded in accordance with estimates made in the budget request
      of the Attorney General for those fiscal years.  Any proposed
      changes in the amounts designated in said budget requests shall
      only be made after notification to the Committees on
      Appropriations of the House of Representatives and the Senate
      fifteen days in advance.
 
-SOURCE-
    (Pub. L. 102-395, title I, Sec. 111(b), Oct. 6, 1992, 106 Stat.
    1843; Pub. L. 105-362, title X, Sec. 1001(b), Nov. 10, 1998, 112
    Stat. 3291.)
 
-COD-
                                CODIFICATION
      Section was enacted as part of the Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 1993, and not as part of the Controlled
    Substances Act which comprises this subchapter.
 
-MISC3-
                                 AMENDMENTS
      1998 - Par. (5). Pub. L. 105-362 struck out par. (5) which read
    as follows: "The Attorney General shall prepare and submit
    annually to the Congress, statements of financial condition of the
    account, including the beginning balance, receipts, refunds to
    appropriations, transfers to the general fund, and the ending
    balance."
 
-CITE-
    21 USC Sec. 887                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 887. Coordination and consolidation of post-seizure
        administration
 
-STATUTE-
      The Attorney General and the Secretary of the Treasury shall take
    such action as may be necessary to develop and maintain a joint
    plan to coordinate and consolidate post-seizure administration of
    property seized under this subchapter, subchapter II of this
    chapter, or provisions of the customs laws relating to controlled
    substances.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 517, as added Pub. L. 100-690,
    title VI, Sec. 6078(a), Nov. 18, 1988, 102 Stat. 4325.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The customs laws, referred to in text, are classified generally
    to Title 19, Customs Duties.
 
-CITE-
    21 USC Sec. 888                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 888. Repealed. Pub. L. 106-185, Sec. 2(c)(3), Apr. 25, 2000,
        114 Stat. 210
 
-MISC1-
      Section, Pub. L. 91-513, title II, Sec. 518, formerly Sec. 511A,
    as added Pub. L. 100-690, title VI, Sec. 6080(a), Nov. 18, 1988,
    102 Stat. 4326; renumbered Sec. 518, Pub. L. 101-647, title X, Sec.
    1002(h)(1), Nov. 29, 1990, 104 Stat. 4828, related to expedited
    procedures for seized conveyances.
      Section was classified to section 881-1 of this title prior to
    renumbering by Pub. L. 101-647.
                          EFFECTIVE DATE OF REPEAL
      Repeal applicable to any forfeiture proceeding commenced on or
    after the date that is 120 days after Apr. 25, 2000, see section 21
    of Pub. L. 106-185, set out as an Effective Date of 2000 Amendment
    note under section 1324 of Title 8, Aliens and Nationality.
 
-CITE-
    21 USC Sec. 889                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 889. Production control of controlled substances
 
-STATUTE-
    (a) Definitions
      As used in this section:
        (1) The term "controlled substance" has the same meaning
      given such term in section 802(6) of this title.
        (2) The term "Secretary" means the Secretary of Agriculture.
        (3) The term "State" means each of the fifty States, the
      District of Columbia, the Commonwealth of Puerto Rico, Guam, the
      Virgin Islands of the United States, American Samoa, the
      Commonwealth of the Northern Mariana Islands, or the Trust
      Territory of the Pacific Islands.
    (b) Persons ineligible for Federal agricultural program benefits
      Notwithstanding any other provision of law, following December
    23, 1985, any person who is convicted under Federal or State law of
    planting, cultivation, growing, producing, harvesting, or storing a
    controlled substance in any crop year shall be ineligible for -
        (1) as to any commodity produced during that crop year, and the
      four succeeding crop years, by such person -
          (A) any price support or payment made available under the
        Agricultural Act of 1949 (7 U.S.C. 1421 et seq.), the Commodity
        Credit Corporation Charter Act (15 U.S.C. 714 et seq.), or any
        other Act;
          (B) a farm storage facility loan made under section 4(h) of
        the Commodity Credit Corporation Charter Act (15 U.S.C.
        714b(h));
          (C) crop insurance under the Federal Crop Insurance Act (7
        U.S.C. 1501 et seq.);
          (D) a disaster payment made under the Agricultural Act of
        1949 (7 U.S.C. 1421 et seq.); or
          (E) a loan made, insured or guaranteed under the Consolidated
        Farm and Rural Development Act (7 U.S.C. 1921 et seq.) or any
        other provision of law administered by the Farmers Home
        Administration; or
        (2) a payment made under section 4 or 5 of the Commodity Credit
      Corporation Charter Act (15 U.S.C. 714b or 714c) for the storage
      of an agricultural commodity that is -
          (A) produced during that crop year, or any of the four
        succeeding crop years, by such person; and
          (B) acquired by the Commodity Credit Corporation.
    (c) Regulations
      Not later than 180 days after December 23, 1985, the Secretary
    shall issue such regulations as the Secretary determines are
    necessary to carry out this section, including regulations that -
        (1) define the term "person";
        (2) govern the determination of persons who shall be ineligible
      for program benefits under this section; and
        (3) protect the interests of tenants and sharecroppers.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 519, formerly Pub. L. 99-198, title
    XVII, Sec. 1764, Dec. 23, 1985, 99 Stat. 1652; renumbered Sec. 519
    of Pub. L. 91-513, Pub. L. 101-647, title X, Sec. 1002(h)(2), Nov.
    29, 1990, 104 Stat. 4828.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Agricultural Act of 1949, referred to in subsec. (b)(1)(A),
    (D), is act Oct. 31, 1949, ch. 792, 63 Stat. 1051, as amended,
    which is classified principally to chapter 35A (Sec. 1421 et seq.)
    of Title 7, Agriculture. For complete classification of this Act to
    the Code, see Short Title note set out under section 1421 of Title
    7 and Tables.
      The Commodity Credit Corporation Charter Act, referred to in
    subsec. (b)(1)(A), is act June 29, 1948, ch. 704, 62 Stat. 1070, as
    amended, and is classified generally to subchapter II (Sec. 714 et
    seq.) of chapter 15 of Title 15, Commerce and Trade. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 714 of Title 15 and Tables.
      The Federal Crop Insurance Act, referred to in subsec. (b)(1)(C),
    is title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, as amended,
    which is classified generally to chapter 36 (Sec. 1501 et seq.) of
    Title 7, Agriculture. For complete classification of this Act to
    the Code, see section 1501 of Title 7 and Tables.
      The Consolidated Farm and Rural Development Act, referred to in
    subsec. (b)(1)(E), is title III of Pub. L. 87-128, Aug. 8, 1961, 75
    Stat. 307, as amended, which is classified principally to chapter
    50 (Sec. 1921 et seq.) of Title 7. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1921 of Title 7 and Tables.
 
-COD-
                                CODIFICATION
      Section was classified to section 881a of this title prior to
    renumbering by Pub. L. 101-647.
 
-MISC3-
                                 AMENDMENTS
      1990 - Pub. L. 101-647 renumbered section 881a of this title as
    this section.
 
-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.
 
-CITE-
    21 USC Sec. 890                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part E - Administrative and Enforcement Provisions
 
-HEAD-
    Sec. 890. Review of Federal sales of chemicals usable to
        manufacture controlled substances
 
-STATUTE-
      A Federal department or agency may not sell from the stocks of
    the department or agency any chemical which, as determined by the
    Administrator of the Drug Enforcement Administration, could be used
    in the manufacture of a controlled substance unless the
    Administrator certifies in writing to the head of the department or
    agency that there is no reasonable cause to believe that the sale
    of the chemical would result in the illegal manufacture of a
    controlled substance.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 520, as added Pub. L. 104-201,
    div.  A, title X, Sec. 1034(a), Sept. 23, 1996, 110 Stat. 2640.)
 
-CITE-
    21 USC Part F - General Provisions                           01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part F - General Provisions
    .
 
-HEAD-
    Part F - General Provisions
 
-COD-
                                CODIFICATION
      The letter designation for this Part F was, in the original, Part
    G. The original Part F of title II of Pub. L. 91-513, consisting of
    section 601 thereof, is set out as a note under section 801 of this
    title.  The original Part G of title II of Pub. L. 91-513 consisted
    of sections 701 to 709. Sections 701 to 705 amended and repealed
    sections in this title and in Title 18, Crimes and Criminal
    Procedure, and Title 42, The Public Health and Welfare, and enacted
    provisions set out as notes under sections 321, 801, and 822 of
    this title.  See Tables for classifications of said sections 701 to
    705. Sections 706 to 709 of Pub. L. 91-513 are set out as sections
    901 to 904 of this title and, for purposes of codification,
    comprise this Part F.
 
-CITE-
    21 USC Sec. 901                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part F - General Provisions
 
-HEAD-
    Sec. 901. Severability
 
-STATUTE-
      If a provision of this chapter is held invalid, all valid
    provisions that are severable shall remain in effect.  If a
    provision of this chapter is held invalid in one or more of its
    applications, the provision shall remain in effect in all its valid
    applications that are severable.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 706, Oct. 27, 1970, 84 Stat. 1284.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1236, as
    amended.  For complete classification of this Act to the Code, see
    Short Title note set out under section 801 of this title and
    Tables.
 
-CITE-
    21 USC Sec. 902                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part F - General Provisions
 
-HEAD-
    Sec. 902. Savings provisions
 
-STATUTE-
      Nothing in this chapter, except this part and, to the extent of
    any inconsistency, sections 827(e) and 829 of this title, shall be
    construed as in any way affecting, modifying, repealing, or
    superseding the provisions of the Federal Food, Drug, and Cosmetic
    Act (21 U.S.C. Sec. 301 et seq.).
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 707, Oct. 27, 1970, 84 Stat. 1284.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Federal Food, Drug, and Cosmetic Act, referred to in text, is
    act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is
    classified generally to chapter 9 (Sec. 301 et seq.) of this
    title.  For complete classification of this Act to the Code, see
    section 301 of this title and Tables.
 
-CITE-
    21 USC Sec. 903                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part F - General Provisions
 
-HEAD-
    Sec. 903. Application of State law
 
-STATUTE-
      No provision of this subchapter shall be construed as indicating
    an intent on the part of the Congress to occupy the field in which
    that provision operates, including criminal penalties, to the
    exclusion of any State law on the same subject matter which would
    otherwise be within the authority of the State, unless there is a
    positive conflict between that provision of this subchapter and
    that State law so that the two cannot consistently stand together.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 708, Oct. 27, 1970, 84 Stat. 1284.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This subchapter, referred to in text, was in the original "this
    title", meaning title II of Pub. L. 91-513, Oct. 27, 1970, 84
    Stat. 1242, as amended, and is popularly known as the "Controlled
    Substances Act". For complete classification of title II to the
    Code, see second paragraph of Short Title note set out under
    section 801 of this title and Tables.
 
-CITE-
    21 USC Sec. 904                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER I - CONTROL AND ENFORCEMENT
    Part F - General Provisions
 
-HEAD-
    Sec. 904. Payment of tort claims
 
-STATUTE-
      Notwithstanding section 2680(k) of title 28, the Attorney
    General, in carrying out the functions of the Department of Justice
    under this subchapter, is authorized to pay tort claims in the
    manner authorized by section 2672 of title 28, when such claims
    arise in a foreign country in connection with the operations of the
    Drug Enforcement Administration abroad.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 709, Oct. 27, 1970, 84 Stat. 1284;
    Pub. L. 93-481, Sec. 1, Oct. 26, 1974, 88 Stat. 1455; Pub. L.
    95-137, Sec. 1(a), Oct. 18, 1977, 91 Stat. 1169; Pub. L. 96-132,
    Sec. 13, 15, Nov. 30, 1979, 93 Stat. 1048; Pub. L. 97-414, Sec.
    9(g)(1), Jan. 4, 1983, 96 Stat. 2064.)
 
-MISC1-
                                 AMENDMENTS
      1983 - Pub. L. 97-414 struck out subsecs. (a) and (b) which had
    provided, respectively, that (a) there were authorized to be
    appropriated $105,000,000 for the fiscal year ending June 30, 1975,
    $175,000,000 for the fiscal year ending June 30, 1976, $200,000,000
    for the fiscal year ending September 30, 1977, $188,000,000 for the
    fiscal year ending September 30, 1978, $215,000,000 for the fiscal
    year ending September 30, 1979, and $198,336,000 for the fiscal
    year ending September 30, 1980, for the expenses of the Department
    of Justice in carrying out its functions under this subchapter, and
    that (b) no funds appropriated under any other provision of this
    chapter could be used for the expenses of the Department of Justice
    for which funds were authorized to be appropriated by former
    subsection (a) of this section, and removed the subsection
    designator (c) before "Notwithstanding".
      1979 - Subsec. (a). Pub. L. 96-132, Sec. 15, inserted provisions
    authorizing appropriations of $198,336,000 for the fiscal year
    ending Sept. 30, 1980.
      Subsec. (c). Pub. L. 96-132, Sec. 13, added subsec. (c).
      1977 - Subsec. (a). Pub. L. 95-137 substituted "September 30,
    1977, $188,000,000 for the fiscal year ending September 30, 1978,
    and $215,000,000 for the fiscal year ending September 30, 1979,"
    for "June 30, 1977," and struck out "(other than its expenses
    incurred in connection with carrying out section 803(a) of this
    title)".
      1974 - Pub. L. 93-481 designated existing provisions as subsec.
    (a), substituted authorization of appropriations for fiscal years
    ending June 30, 1975, June 30, 1976, and June 30, 1977, for
    authorization of appropriations for fiscal years ending June 30,
    1972, June 30, 1973, and June 30, 1974, and added subsec. (b).
 
-CITE-
    21 USC SUBCHAPTER II - IMPORT AND EXPORT                     01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
    .
 
-HEAD-
    SUBCHAPTER II - IMPORT AND EXPORT
 
-COD-
                                CODIFICATION
      This subchapter is comprised of Part A of title III of Pub. L.
    91-513, Oct. 27, 1970, 84 Stat. 1285. Part B of title III contains
    amendatory, repealing, and transitional provisions generally
    classified elsewhere.
 
-SECREF-
                  SUBCHAPTER REFERRED TO IN OTHER SECTIONS
      This subchapter is referred to in sections 381, 802, 824, 828,
    830, 841, 842, 843, 844, 848, 849, 850, 853, 854, 861, 881, 887 of
    this title; title 10 section 374; title 12 section 3420; title 18
    sections 924, 929, 3142, 3554, 3592; title 19 section 1401; title
    22 section 2714; title 28 section 524; title 42 section 242; title
    48 section 1494b.
 
-CITE-
    21 USC Sec. 951                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 951. Definitions
 
-STATUTE-
      (a) For purposes of this subchapter -
        (1) The term "import" means, with respect to any article, any
      bringing in or introduction of such article into any area
      (whether or not such bringing in or introduction constitutes an
      importation within the meaning of the tariff laws of the United
      States).
        (2) The term "customs territory of the United States" has the
      meaning assigned to such term by general note 2 of the Harmonized
      Tariff Schedule of the United States.
      (b) Each term defined in section 802 of this title shall have the
    same meaning for purposes of this subchapter as such term has for
    purposes of subchapter I of this chapter.
 
-SOURCE-
    (Pub. L. 91-513, title III, Sec. 1001, Oct. 27, 1970, 84 Stat.
    1285; Pub. L. 100-418, title I, Sec. 1214(m), Aug. 23, 1988, 102
    Stat. 1158.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      The Harmonized Tariff Schedule of the United States, referred to
    in subsec. (a)(2), is not set out in the Code. See Publication of
    Harmonized Tariff Schedule note set out under section 1202 of Title
    19, Customs Duties.
      This subchapter, referred to in subsecs. (a) and (b), was in the
    original "this title", meaning title III of Pub. L. 91-513, Oct.
    27, 1970, 84 Stat. 1285, as amended.  Part A of title III comprises
    this subchapter.  For classification of Part B, consisting of
    sections 1101 to 1105 of title III, see Tables.
 
-MISC2-
                                 AMENDMENTS
      1988 - Subsec. (a)(2). Pub. L. 100-418 substituted "general note
    2 of the Harmonized Tariff Schedule of the United States" for
    "general headnote 2 to the Tariff Schedules of the United
    States".
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and
    applicable with respect to articles entered on or after such date,
    see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective
    Date note under section 3001 of Title 19, Customs Duties.
                               EFFECTIVE DATE
      Section 1105(a)-(c) of title III of Pub. L. 91-513, as amended by
    Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided
    that:
      "(a) Except as otherwise provided in this section, this title
    (see Short Title note below) shall become effective on the first
    day of the seventh calendar month that begins after the day
    immediately preceding the date of enactment (Oct. 27, 1970).
      "(b) Sections 1000, 1001, 1006, 1015, 1016, 1103, 1104 (see
    Short Title note below and sections 171 note, 951, 956, 957 note,
    965, and 966 of this title), and this section shall become
    effective upon enactment (Oct. 27, 1970).
      "(c)(1) If the Attorney General, pursuant to the authority of
    section 704(c) of title II (set out as a note under section 801 of
    this title), postpones the effective date of section 306 (relating
    to manufacturing quotas) (section 826 of this title) for any period
    beyond the date specified in section 704(a) (set out as a note
    under section 801 of this title), and such postponement applies to
    narcotic drugs, the repeal of the Narcotics Manufacturing Act of
    1960 (sections 501 to 517 of this title) by paragraph (10) of
    section 1101(a) of this title is hereby postponed for the same
    period, except that the postponement made by this paragraph shall
    not apply to the repeal of sections 4, 5, 13, 15, and 16 of that
    Act (which were classified to sections 182, 503, 511, and 513 of
    this title and sections 4702, 4731, and 4731 note of Title 26,
    Internal Revenue Code).
      "(2) Effective for any period of postponement, by paragraph (1)
    of this subsection, of the repeal of provisions of the Narcotics
    Manufacturing Act of 1960 (sections 501 to 517 of this title), that
    Act shall be applied subject to the following modifications:
      "(A) The term 'narcotic drug' shall mean a narcotic drug as
    defined in section 102(16) of title II (section 802(16) of this
    title), and all references, in the Narcotics Manufacturing Act of
    1960 (sections 501 to 517 of this title), to a narcotic drug as
    defined by section 4731 of the Internal Revenue Code of 1986
    (formerly I.R.C. 1954, section 4731 of Title 26) are amended to
    refer to a narcotic drug as defined by such section 102(16)
    (section 802(16) of this title).
      "(B) On and after the date prescribed by the Attorney General
    pursuant to clause (2) of section 703(c) of title II, (set out as a
    note under section 822 of this title), the requirements of a
    manufacturer's license with respect to a basic class of narcotic
    drug under the Narcotics Manufacturing Act of 1960 (sections 501 to
    517 of this title), and of a registration under section 4722 of the
    Internal Revenue Code of 1986 (formerly I.R.C. 1954, section 4722
    of Title 26) as a prerequisite to issuance of such a license, shall
    be superseded by a requirement of actual registration (as
    distinguished from provisional registration) as a manufacturer of
    that class of drug under section 303(a) of title II (section 823(a)
    of this title).
      "(C) On and after the effective date of the repeal of such
    section 4722 (section 4722 of title 26) by section 1101(b)(3) of
    this title, but prior to the date specified in subparagraph (B) of
    this paragraph, the requirement of registration under such section
    4722 (section 4722 of title 26) as a prerequisite of a
    manufacturer's license under the Narcotics Manufacturing Act of
    1960 (sections 501 to 517 of this title) shall be superseded by a
    requirement of either (i) actual registration as a manufacturer
    under section 303 of title II (section 823 of this title) or (ii)
    provisional registration (by virtue of a preexisting registration
    under such section 4722) under section 703 of title II (set out as
    a note under section 822 of this title)."
                                SHORT TITLE
      Section 1000 of title III of Pub. L. 91-513 provided that: "This
    title (enacting this subchapter, amending sections 162 and 967 of
    this title, section 4251 of Title 18, Crimes and Criminal
    Procedure, section 1584 of Title 19, Customs Duties, sections 4901,
    4905, 6808, 7012, 7103, 7326, 7607, 7609, 7641, 7651, and 7655 of
    Title 26, Internal Revenue Code, section 2901 of Title 28,
    Judiciary and Judicial Procedure, sections 529d, 529e, and 529f of
    former Title 31, Money and Finance, section 304m of Title 40,
    Public Buildings, Property, and Works, section 3411 of Title 42,
    The Public Health and Welfare, section 239a of former Title 46,
    Shipping, and section 787 of former Title 49, Transportation,
    repealing sections 171 to 174, 176 to 185, 188 to 188n, 191 to 193,
    197, 198, 199, and 501 to 517 of this title, sections 1401 to 1407,
    and 3616 of Title 18, sections 4701 to 4707, 4711 to 4716, 4721 to
    4726, 4731 to 4736, 4741 to 4746, 4751 to 4757, 4761, 4762, 4771 to
    4776, 7237, 7238, and 7491 of Title 26, sections 529a and 529g of
    former Title 31, section 1421m of Title 48, Territories and Insular
    Possessions, and enacting provisions set out as notes under this
    section and sections 171 and 957 of this title) may be cited as the
    'Controlled Substances Import and Export Act'."
                           RULES AND REGULATIONS
      Section 1105(d) of Pub. L. 91-513 provided: "Any orders, rules
    and regulations which have been promulgated under any law affected
    by this title (see Short Title note above) and which are in effect
    on the day preceding enactment of this title (Oct. 27, 1970) shall
    continue in effect until modified, superseded, or repealed."
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 18 section 5038.
 
-CITE-
    21 USC Sec. 952                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 952. Importation of controlled substances
 
-STATUTE-
    (a) Controlled substances in schedule I or II and narcotic drugs in
        schedule III, IV, or V; exceptions
      It shall be unlawful to import into the customs territory of the
    United States from any place outside thereof (but within the United
    States), or to import into the United States from any place outside
    thereof, any controlled substance in schedule I or II of subchapter
    I of this chapter, or any narcotic drug in schedule III, IV, or V
    of subchapter I of this chapter, except that -
        (1) such amounts of crude opium, poppy straw, concentrate of
      poppy straw, and coca leaves as the Attorney General finds to be
      necessary to provide for medical, scientific, or other legitimate
      purposes, and
        (2) such amounts of any controlled substance in schedule I or
      II or any narcotic drug in schedule III, IV, or V that the
      Attorney General finds to be necessary to provide for the
      medical, scientific, or other legitimate needs of the United
      States -
          (A) during an emergency in which domestic supplies of such
        substance or drug are found by the Attorney General to be
        inadequate,
          (B) in any case in which the Attorney General finds that
        competition among domestic manufacturers of the controlled
        substance is inadequate and will not be rendered adequate by
        the registration of additional manufacturers under section 823
        of this title, or
          (C) in any case in which the Attorney General finds that such
        controlled substance is in limited quantities exclusively for
        scientific, analytical, or research uses,
    may be so imported under such regulations as the Attorney General
    shall prescribe.  No crude opium may be so imported for the purpose
    of manufacturing heroin or smoking opium.
    (b) Nonnarcotic controlled substances in schedule III, IV, or V
      It shall be unlawful to import into the customs territory of the
    United States from any place outside thereof (but within the United
    States), or to import into the United States from any place outside
    thereof, any nonnarcotic controlled substance in schedule III, IV,
    or V, unless such nonnarcotic controlled substance -
        (1) is imported for medical, scientific, or other legitimate
      uses, and
        (2) is imported pursuant to such notification, or declaration,
      or in the case of any nonnarcotic controlled substance in
      schedule III, such import permit, notification, or declaration,
      as the Attorney General may by regulation prescribe, except that
      if a nonnarcotic controlled substance in schedule IV or V is also
      listed in schedule I or II of the Convention on Psychotropic
      Substances it shall be imported pursuant to such import permit
      requirements, prescribed by regulation of the Attorney General,
      as are required by the Convention.
    (c) Coca leaves
      In addition to the amount of coca leaves authorized to be
    imported into the United States under subsection (a) of this
    section, the Attorney General may permit the importation of
    additional amounts of coca leaves.  All cocaine and ecgonine (and
    all salts, derivatives, and preparations from which cocaine or
    ecgonine may be synthesized or made) contained in such additional
    amounts of coca leaves imported under this subsection shall be
    destroyed under the supervision of an authorized representative of
    the Attorney General.
 
-SOURCE-
    (Pub. L. 91-513, title III, Sec. 1002, Oct. 27, 1970, 84 Stat.
    1285; Pub. L. 95-633, title I, Sec. 105, Nov. 10, 1978, 92 Stat.
    3772; Pub. L. 98-473, title II, Sec. 519-521, Oct. 12, 1984, 98
    Stat. 2075.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Schedules I, II, III, IV, and V, referred to in subsecs. (a) and
    (b), are set out in section 812(c) of this title.
 
-MISC2-
                                 AMENDMENTS
      1984 - Subsec. (a)(1). Pub. L. 98-473, Sec. 519, amended par. (1)
    generally, inserting references to poppy straw and concentrate of
    poppy straw.
      Subsec. (a)(2)(C). Pub. L. 98-473, Sec. 520, added subpar. (C).
      Subsec. (b)(2). Pub. L. 98-473, Sec. 521, substituted "is
    imported pursuant to such notification, or declaration, or in the
    case of any nonnarcotic controlled substance in schedule III, such
    import permit, notification, or declaration, as the Attorney
    General may by regulation prescribe, except that if a nonnarcotic
    controlled substance in schedule IV or V is also listed in schedule
    I or II of the Convention on Psychotropic Substances it shall be
    imported pursuant to such import permit requirements, prescribed by
    regulation of the Attorney General, as are required by the
    Convention" for "is imported pursuant to such notification or
    declaration requirements as the Attorney General may by regulation
    prescribe, except that if a nonnarcotic controlled substance in
    schedule III, IV, or V is also listed in schedule I or II of the
    Convention on Psychotropic Substances it shall be imported pursuant
    to such import permit requirements, prescribed by regulation of the
    Attorney General, as are required by the Convention".
      1978 - Subsec. (b)(2). Pub. L. 95-633 inserted provision relating
    to exception for nonnarcotic controlled substances listed in
    schedule I or II of the Convention on Psychotropic Substances.
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-633 effective on date the Convention on
    Psychotropic Substances enters into force in the United States
    (July 15, 1980), see section 112 of Pub. L. 95-633, set out as an
    Effective Date note under section 801a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 954, 956, 958, 960 of
    this title; title 18 section 5032; title 28 section 994.
 
-CITE-
    21 USC Sec. 953                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 953. Exportation of controlled substances
 
-STATUTE-
    (a) Narcotic drugs in schedule I, II, III, or IV
      It shall be unlawful to export from the United States any
    narcotic drug in schedule I, II, III, or IV unless -
        (1) it is exported to a country which is a party to -
          (A) the International Opium Convention of 1912 for the
        Suppression of the Abuses of Opium, Morphine, Cocaine, and
        Derivative Drugs, or to the International Opium Convention
        signed at Geneva on February 19, 1925; or
          (B) the Convention for Limiting the Manufacture and
        Regulating the Distribution of Narcotic Drugs concluded at
        Geneva, July 13, 1931, as amended by the protocol signed at
        Lake Success on December 11, 1946, and the protocol bringing
        under international control drugs outside the scope of the
        convention on July 13, 1931, for limiting the manufacture and
        regulating the distribution of narcotic drugs (as amended by
        the protocol signed at Lake Success on December 11, 1946),
        signed at Paris, November 19, 1948; or
          (C) the Single Convention on Narcotic Drugs, 1961, signed at
        New York, March 30, 1961;
        (2) such country has instituted and maintains, in conformity
      with the conventions to which it is a party, a system for the
      control of imports of narcotic drugs which the Attorney General
      deems adequate;
        (3) the narcotic drug is consigned to a holder of such permits
      or licenses as may be required under the laws of the country of
      import, and a permit or license to import such drug has been
      issued by the country of import;
        (4) substantial evidence is furnished to the Attorney General
      by the exporter that (A) the narcotic drug is to be applied
      exclusively to medical or scientific uses within the country of
      import, and (B) there is an actual need for the narcotic drug for
      medical or scientific uses within such country; and
        (5) a permit to export the narcotic drug in each instance has
      been issued by the Attorney General.
    (b) Exception for exportation for special scientific purposes
      Notwithstanding subsection (a) of this section, the Attorney
    General may authorize any narcotic drug (including crude opium and
    coca leaves) in schedule I, II, III, or IV to be exported from the
    United States to a country which is a party to any of the
    international instruments mentioned in subsection (a) of this
    section if the particular drug is to be applied to a special
    scientific purpose in the country of destination and the
    authorities of such country will permit the importation of the
    particular drug for such purpose.
    (c) Nonnarcotic controlled substances in schedule I or II
      It shall be unlawful to export from the United States any
    nonnarcotic controlled substance in schedule I or II unless -
        (1) it is exported to a country which has instituted and
      maintains a system which the Attorney General deems adequate for
      the control of imports of such substances;
        (2) the controlled substance is consigned to a holder of such
      permits or licenses as may be required under the laws of the
      country of import;
        (3) substantial evidence is furnished to the Attorney General
      that (A) the controlled substance is to be applied exclusively to
      medical, scientific, or other legitimate uses within the country
      to which exported, (B) it will not be exported from such country,
      and (C) there is an actual need for the controlled substance for
      medical, scientific, or other legitimate uses within the country;
      and
        (4) a permit to export the controlled substance in each
      instance has been issued by the Attorney General.
    (d) Exception for exportation for special scientific purposes
      Notwithstanding subsection (c) of this section, the Attorney
    General may authorize any nonnarcotic controlled substance in
    schedule I or II to be exported from the United States if the
    particular substance is to be applied to a special scientific
    purpose in the country of destination and the authorities of such
    country will permit the importation of the particular drug for such
    purpose.
    (e) Nonnarcotic controlled substances in schedule III or IV;
        controlled substances in schedule V
      It shall be unlawful to export from the United States to any
    other country any nonnarcotic controlled substance in schedule III
    or IV or any controlled substances in schedule V unless -
        (1) there is furnished (before export) to the Attorney General
      documentary proof that importation is not contrary to the laws or
      regulations of the country of destination for consumption for
      medical, scientific, or other legitimate purposes;
        (2) it is exported pursuant to such notification or
      declaration, or in the case of any nonnarcotic controlled
      substance in schedule III, such export permit, notification, or
      declaration as the Attorney General may by regulation prescribe;
      and
        (3) in the case of a nonnarcotic controlled substance in
      schedule IV or V which is also listed in schedule I or II of the
      Convention on Psychotropic Substances, it is exported pursuant to
      such export permit requirements, prescribed by regulation of the
      Attorney General, as are required by the Convention.
 
-SOURCE-
    (Pub. L. 91-513, title III, Sec. 1003, Oct. 27, 1970, 84 Stat.
    1286; Pub. L. 95-633, title I, Sec. 106, Nov. 10, 1978, 92 Stat.
    3772; Pub. L. 98-473, title II, Sec. 522, Oct. 12, 1984, 98 Stat.
    2076.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Schedules I, II, III, IV and V, referred to in text, are set out
    in section 812(c) of this title.
 
-MISC2-
                                 AMENDMENTS
      1984 - Subsec. (e). Pub. L. 98-473 in cl. (1) inserted provisions
    for consumption for medical, etc., purposes, added cls. (2) and
    (3), and struck out former cls. (2) to (4), respectively, relating
    to a special controlled substance invoice, two additional copies of
    the invoice, and exportation of a nonnarcotic controlled substance
    in schedule III, IV, or V, also listed in schedule I or II of the
    Convention.
      1978 - Subsec. (e)(4). Pub. L. 95-633 added par. (4).
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-633 effective on date the Convention on
    Psychotropic Substances enters into force in the United States
    (July 15, 1980), see section 112 of Pub. L. 95-633, set out as an
    Effective Date note under section 801a of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 954, 956, 960 of this
    title; title 18 section 5032; title 48 section 1972.
 
-CITE-
    21 USC Sec. 954                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 954. Transshipment and in-transit shipment of controlled
        substances
 
-STATUTE-
      Notwithstanding sections 952, 953, and 957 of this title -
        (1) A controlled substance in schedule I may -
          (A) be imported into the United States for transshipment to
        another country, or
          (B) be transferred or transshipped from one vessel, vehicle,
        or aircraft to another vessel, vehicle, or aircraft within the
        United States for immediate exportation,
      if and only if it is so imported, transferred, or transshipped
      (i) for scientific, medical, or other legitimate purposes in the
      country of destination, and (ii) with the prior written approval
      of the Attorney General (which shall be granted or denied within
      21 days of the request).
        (2) A controlled substance in schedule II, III, or IV may be so
      imported, transferred, or transshipped if and only if advance
      notice is given to the Attorney General in accordance with
      regulations of the Attorney General.
 
-SOURCE-
    (Pub. L. 91-513, title III, Sec. 1004, Oct. 27, 1970, 84 Stat.
    1287.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Schedules I, II, III, and IV, referred to in text, are set out in
    section 812(c) of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 830, 956, 961 of this
    title.
 
-CITE-
    21 USC Sec. 955                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 955. Possession on board vessels, etc., arriving in or
        departing from United States
 
-STATUTE-
      It shall be unlawful for any person to bring or possess on board
    any vessel or aircraft, or on board any vehicle of a carrier,
    arriving in or departing from the United States or the customs
    territory of the United States, a controlled substance in schedule
    I or II or a narcotic drug in schedule III or IV, unless such
    substance or drug is a part of the cargo entered in the manifest or
    part of the official supplies of the vessel, aircraft, or vehicle.
 
-SOURCE-
    (Pub. L. 91-513, title III, Sec. 1005, Oct. 27, 1970, 84 Stat.
    1287.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Schedules I, II, III, and IV, referred to in text, are set out in
    section 812(c) of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 956, 960 of this title;
    title 18 sections 5032, 5038; title 28 section 994.
 
-CITE-
    21 USC Sec. 955a to 955d                                     01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 955a to 955d. Transferred
 
-COD-
                                CODIFICATION
      Sections, Pub. L. 96-350, Sec. 1-4, Sept. 15, 1980, 94 Stat.
    1159, 1160, relating to maritime drug law enforcement, were
    transferred to sections 1901 to 1904 of Title 46, Appendix,
    Shipping.
 
-CITE-
    21 USC Sec. 956                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 956. Exemption authority
 
-STATUTE-
    (a) Individual possessing controlled substance
      (1) Subject to paragraph (2), the Attorney General may by
    regulation exempt from sections 952(a) and (b), 953, 954, and 955
    of this title any individual who has a controlled substance (except
    a substance in schedule I) in his possession for his personal
    medical use, or for administration to an animal accompanying him,
    if he lawfully obtained such substance and he makes such
    declaration (or gives such other notification) as the Attorney
    General may by regulation require.
      (2) Notwithstanding any exemption under paragraph (1), a United
    States resident who enters the United States through an
    international land border with a controlled substance (except a
    substance in schedule I) for which the individual does not possess
    a valid prescription issued by a practitioner (as defined in
    section 802 of this title) in accordance with applicable Federal
    and State law (or documentation that verifies the issuance of such
    a prescription to that individual) may not import the controlled
    substance into the United States in an amount that exceeds 50
    dosage units of the controlled substance.
    (b) Compound, mixture, or preparation
      The Attorney General may by regulation except any compound,
    mixture, or preparation containing any depressant or stimulant
    substance listed in paragraph (a) or (b) of schedule III or in
    schedule IV or V from the application of all or any part of this
    subchapter if (1) the compound, mixture, or preparation contains
    one or more active medicinal ingredients not having a depressant or
    stimulant effect on the central nervous system, and (2) such
    ingredients are included therein in such combinations, quantity,
    proportion, or concentration as to vitiate the potential for abuse
    of the substances which do have a depressant or stimulant effect on
    the central nervous system.
 
-SOURCE-
    (Pub. L. 91-513, title III, Sec. 1006, Oct. 27, 1970, 84 Stat.
    1288; Pub. L. 105-277, div.  C, title VIII, Sec. 872(a), Oct. 21,
    1998, 112 Stat. 2681-707; Pub. L. 105-357, Sec. 2(a), Nov. 10,
    1998, 112 Stat. 3271.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Schedules I, III, IV, and V, referred to in text, are set out in
    section 812(c) of this title.
 
-MISC2-
                                 AMENDMENTS
      1998 - Subsec. (a). Pub. L. 105-277 and Pub. L. 105-357 amended
    subsec. (a) identically, designating existing provisions as par.
    (1), substituting "Subject to paragraph (2), the Attorney
    General" for "The Attorney General", and adding par. (2).
                        FEDERAL MINIMUM REQUIREMENT
      Pub. L. 105-357, Sec. 2(b), Nov. 10, 1998, 112 Stat. 3271,
    provided that: "Section 1006(a)(2) of the Controlled Substances
    Import and Export Act (21 U.S.C. 956(a)(2)), as added by this
    section, is a minimum Federal requirement and shall not be
    construed to limit a State from imposing any additional
    requirement."
      Pub. L. 105-277, div.  C, title VIII, Sec. 872(b), Oct. 21, 1998,
    112 Stat. 2681-707, enacted a provision substantially identical to
    that enacted by Pub. L. 105-357, Sec. 2(b), set out above.
           JURISDICTION OF SECRETARY OF HEALTH AND HUMAN SERVICES
      Pub. L. 105-277, div.  C, title VIII, Sec. 872(c), Oct. 21, 1998,
    112 Stat. 2681-707, and Pub. L. 105-357, Sec. 2(c), Nov. 10, 1998,
    112 Stat. 3271, provided that: "The amendment made by subsection
    (a) (amending this section) shall not be construed to affect the
    jurisdiction of the Secretary of Health and Human Services under
    the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.)."
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 957 of this title.
 
-CITE-
    21 USC Sec. 957                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 957. Persons required to register
 
-STATUTE-
    (a) Coverage
      No person may -
        (1) import into the customs territory of the United States from
      any place outside thereof (but within the United States), or
      import into the United States from any place outside thereof, any
      controlled substance or list I chemical, or
        (2) export from the United States any controlled substance or
      list I chemical,
    unless there is in effect with respect to such person a
    registration issued by the Attorney General under section 958 of
    this title, or unless such person is exempt from registration under
    subsection (b) of this section.
    (b) Exemptions
      (1) The following persons shall not be required to register under
    the provisions of this section and may lawfully possess a
    controlled substance or list I chemical:
        (A) An agent or an employee of any importer or exporter
      registered under section 958 of this title if such agent or
      employee is acting in the usual course of his business or
      employment.
        (B) A common or contract carrier or warehouseman, or an
      employee thereof, whose possession of any controlled substance or
      list I chemical is in the usual course of his business or
      employment.
        (C) An ultimate user who possesses such substance for a purpose
      specified in section 802(25) (FOOTNOTE 1) of this title and in
      conformity with an exemption granted under section 956(a) of this
      title.
       (FOOTNOTE 1) See References in Text note below.
      (2) The Attorney General may, by regulation, waive the
    requirement for registration of certain importers and exporters if
    he finds it consistent with the public health and safety; and may
    authorize any such importer or exporter to possess controlled
    substances or list I chemicals for purposes of importation and
    exportation.
 
-SOURCE-
    (Pub. L. 91-513, title III, Sec. 1007, Oct. 27, 1970, 84 Stat.
    1288; Pub. L. 98-473, title II, Sec. 523, Oct. 12, 1984, 98 Stat.
    2076; Pub. L. 103-200, Sec. 3(e), Dec. 17, 1993, 107 Stat. 2337.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Section 802(25) of this title, referred to in subsec. (b)(1)(C),
    was redesignated section 802(26) of this title by Pub. L. 98-473,
    title II, Sec. 507(a), Oct. 12, 1984, 98 Stat. 2071, and was
    further redesignated section 802(27) of this title by Pub. L.
    99-570, title I, Sec. 1003(b)(2), Oct. 27, 1986, 100 Stat. 3207-6.
 
-MISC2-
                                 AMENDMENTS
      1993 - Subsec. (a)(1). Pub. L. 103-200, Sec. 3(e)(1)(A), inserted
    "or list I chemical" after "controlled substance".
      Subsec. (a)(2). Pub. L. 103-200, Sec. 3(e)(1)(B), substituted
    "or list I chemical," for "in schedule I, II, III, IV, or V,".
      Subsec. (b)(1). Pub. L. 103-200, Sec. 3(e)(2)(A), inserted "or
    list I chemical" after "controlled substance" in introductory
    provisions and subpar. (B).
      Subsec. (b)(2). Pub. L. 103-200, Sec. 3(e)(2)(B), inserted "or
    list I chemicals" after "controlled substances".
      1984 - Subsec. (a)(2). Pub. L. 98-473 inserted reference to
    schedule V.
                      EFFECTIVE DATE OF 1993 AMENDMENT
      Amendment by Pub. L. 103-200 effective on date that is 120 days
    after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
    a note under section 802 of this title.
                          PROVISIONAL REGISTRATION
      Section 1104 of Pub. L. 91-513, as amended by Pub. L. 99-514,
    Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
      "(a)(1) Any person -
        "(A) who is engaged in importing or exporting any controlled
      substance on the day before the effective date of section 1007
      (May 1, 1971),
        "(B) who notifies the Attorney General that he is so engaged,
      and
        "(C) who is registered on such day under section 510 of the
      Federal Food, Drug, and Cosmetic Act (section 360 of this title)
      or under section 4722 of the Internal Revenue Code of 1986
      (formerly I.R.C. 1954, section 4722 of title 26),
    shall, with respect to each establishment for which such
    registration is in effect under any such section, be deemed to have
    a provisional registration under section 1008 (section 958 of this
    title) for the import or export (as the case may be) of controlled
    substances.
      "(2) During the period his provisional registration is in effect
    under this section, the registration number assigned such person
    under such section 510 or under such section 4722 (as the case may
    be) shall be his registration number for purposes of part A of this
    title (this subchapter).
      "(b) The provisions of section 304 (section 824 of this title),
    relating to suspension and revocation of registration, shall apply
    to a provisional registration under this section.
      "(c) Unless sooner suspended or revoked under subsection (b), a
    provisional registration of a person under subsection (a)(1) of
    this section shall be in effect until -
        "(1) the date on which such person has registered with the
      Attorney General under section 1008 (section 958 of this title)
      or has had his registration denied under such section, or
        "(2) such date as may be prescribed by the Attorney General
      for registration of importers or exporters, as the case may be,
    whichever occurs first."
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 954, 960, 965 of this
    title.
 
-CITE-
    21 USC Sec. 958                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 958. Registration requirements
 
-STATUTE-
    (a) Applicants to import or export controlled substances in
        schedule I or II
      The Attorney General shall register an applicant to import or
    export a controlled substance in schedule I or II if he determines
    that such registration is consistent with the public interest and
    with United States obligations under international treaties,
    conventions, or protocols in effect on May 1, 1971. In determining
    the public interest, the factors enumerated in paragraph (1)
    through (6) of section 823(a) of this title shall be considered.
    (b) Activity limited to specified substances
      Registration granted under this section shall not entitle a
    registrant to import or export controlled substances other than
    specified in the registration.
    (c) Applicants to import controlled substances in schedule III, IV,
        or V or to export controlled substances in schedule III or IV;
        applicants to import or export list I chemicals
      (1) The Attorney General shall register an applicant to import a
    controlled substance in schedule III, IV, or V or to export a
    controlled substance in schedule III or IV, unless he determines
    that the issuance of such registration is inconsistent with the
    public interest.  In determining the public interest, the factors
    enumerated in paragraphs (1) through (6) of section 823(d) of this
    title shall be considered.
      (2)(A) The Attorney General shall register an applicant to import
    or export a list I chemical unless the Attorney General determines
    that registration of the applicant is inconsistent with the public
    interest.  Registration under this subsection shall not be required
    for the import or export of a drug product that is exempted under
    section 802(39)(A)(iv) of this title.
      (B) In determining the public interest for the purposes of
    subparagraph (A), the Attorney General shall consider the factors
    specified in section 823(h) of this title.
    (d) Denial of application
      (1) The Attorney General may deny an application for registration
    under subsection (a) of this section if he is unable to determine
    that such registration is consistent with the public interest (as
    defined in subsection (a) of this section) and with the United
    States obligations under international treaties, conventions, or
    protocols in effect on May 1, 1971.
      (2) The Attorney General may deny an application for registration
    under subsection (c) of this section, or revoke or suspend a
    registration under subsection (a) or (c) of this section, if he
    determines that such registration is inconsistent with the public
    interest (as defined in subsection (a) or (c) of this section) or
    with the United States obligations under international treaties,
    conventions, or protocols in effect on May 1, 1971.
      (3) The Attorney General may limit the revocation or suspension
    of a registration to the particular controlled substance, or
    substances, or list I chemical or chemicals, with respect to which
    grounds for revocation or suspension exist.
      (4) Before taking action pursuant to this subsection, the
    Attorney General shall serve upon the applicant or registrant an
    order to show cause as to why the registration should not be
    denied, revoked, or suspended.  The order to show cause shall
    contain a statement of the basis thereof and shall call upon the
    applicant or registrant to appear before the Attorney General, or
    his designee, at a time and place stated in the order, but in no
    event less than thirty days after the date of receipt of the
    order.  Proceedings to deny, revoke, or suspend shall be conducted
    pursuant to this subsection in accordance with subchapter II of
    chapter 5 of title 5. Such proceedings shall be independent of, and
    not in lieu of, criminal prosecutions or other proceedings under
    this subchapter or any other law of the United States.
      (5) The Attorney General may, in his discretion, suspend any
    registration simultaneously with the institution of proceedings
    under this subsection, in cases where he finds that there is an
    imminent danger to the public health and safety.  Such suspension
    shall continue in effect until the conclusion of such proceedings,
    including judicial review thereof, unless sooner withdrawn by the
    Attorney General or dissolved by a court of competent jurisdiction.
      (6) In the event that the Attorney General suspends or revokes a
    registration granted under this section, all controlled substances
    or list I chemicals owned or possessed by the registrant pursuant
    to such registration at the time of suspension or the effective
    date of the revocation order, as the case may be, may, in the
    discretion of the Attorney General, be seized or placed under
    seal.  No disposition may be made of any controlled substances or
    list I chemicals under seal until the time for taking an appeal has
    elapsed or until all appeals have been concluded, except that a
    court, upon application therefor, may at any time order the sale of
    perishable controlled substances or list I chemicals.  Any such
    order shall require the deposit of the proceeds of the sale with
    the court.  Upon a revocation order becoming final, all such
    controlled substances or list I chemicals (or proceeds of the sale
    thereof which have been deposited with the court) shall be
    forfeited to the United States; and the Attorney General shall
    dispose of such controlled substances or list I chemicals in
    accordance with section 881(e) of this title.
    (e) Registration period
      No registration shall be issued under this subchapter for a
    period in excess of one year.  Unless the regulations of the
    Attorney General otherwise provide, sections 822(f), 825, 827, and
    830 of this title shall apply to persons registered under this
    section to the same extent such sections apply to persons
    registered under section 823 of this title.
    (f) Rules and regulations
      The Attorney General is authorized to promulgate rules and
    regulations and to charge reasonable fees relating to the
    registration of importers and exporters of controlled substances or
    list I chemicals under this section.
    (g) Scope of authorized activity
      Persons registered by the Attorney General under this section to
    import or export controlled substances or list I chemicals may
    import or export (and for the purpose of so importing or exporting,
    may possess) such substances to the extent authorized by their
    registration and in conformity with the other provisions of this
    subchapter and subchapter I of this chapter.
    (h) Separate registrations for each principal place of business
      A separate registration shall be required at each principal place
    of business where the applicant imports or exports controlled
    substances or list I chemicals.
    (i) Emergency situations
      Except in emergency situations as described in section
    952(a)(2)(A) of this title, prior to issuing a registration under
    this section to a bulk manufacturer of a controlled substance in
    schedule I or II, and prior to issuing a regulation under section
    952(a) of this title authorizing the importation of such a
    substance, the Attorney General shall give manufacturers holding
    registrations for the bulk manufacture of the substance an
    opportunity for a hearing.
 
-SOURCE-
    (Pub. L. 91-513, title III, Sec. 1008, Oct. 27, 1970, 84 Stat.
    1289; Pub. L. 98-473, title II, Sec. 524, 525, Oct. 12, 1984, 98
    Stat. 2076; Pub. L. 99-570, title I, Sec. 1866(d), Oct. 27, 1986,
    100 Stat. 3207-55; Pub. L. 103-200, Sec. 3(f), Dec. 17, 1993, 107
    Stat. 2337.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Schedules I, II, III, IV, and V, referred to in subsecs. (a),
    (c), and (i), are set out in section 812(c) of this title.
      This subchapter, referred to in subsecs. (d)(4) and (g), was in
    the original "this title", meaning title III of Pub. L. 91-513,
    Oct. 27, 1970, 84 Stat. 1285, as amended.  Part A of title III
    comprises this subchapter.  For classification of Part B,
    consisting of sections 1101 to 1105 of title III, see Tables.
 
-COD-
                                CODIFICATION
      In subsecs. (a) and (d), "May 1, 1971" substituted for "the
    effective date of this section" and "the effective date of this
    part", respectively.
 
-MISC3-
                                 AMENDMENTS
      1993 - Subsec. (c). Pub. L. 103-200, Sec. 3(f)(1), designated
    existing provisions as par. (1) and added par. (2).
      Subsec. (d)(3). Pub. L. 103-200, Sec. 3(f)(2)(A), inserted "or
    list I chemical or chemicals," after "substances,".
      Subsec. (d)(6). Pub. L. 103-200, Sec. 3(f)(2)(B), inserted "or
    list I chemicals" after "controlled substances" wherever
    appearing.
      Subsec. (e). Pub. L. 103-200, Sec. 3(f)(3), inserted reference to
    section 830 of this title.
      Subsecs. (f) to (h). Pub. L. 103-200, Sec. 3(f)(4), inserted "or
    list I chemicals" after "controlled substances".
      1986 - Subsec. (e). Pub. L. 99-570 substituted "sections" for
    first reference to "section".
      1984 - Subsec. (b). Pub. L. 98-473, Sec. 524, substituted
    "Registration granted under this section shall not entitle a
    registrant to import or export controlled substances other than
    specified in the registration" for "Registration granted under
    subsection (a) of this section shall not entitle a registrant to
    import or export controlled substances in schedule I or II other
    than those specified in the registration".
      Subsecs. (d) to (i). Pub. L. 98-473, Sec. 525, added subsec. (d),
    redesignated former subsec. (d) as (e) and struck out reference to
    section 824 of this title, and redesignated former subsecs. (e) to
    (h) as (f) to (i), respectively.
                      EFFECTIVE DATE OF 1993 AMENDMENT
      Amendment by Pub. L. 103-200 effective on date that is 120 days
    after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
    a note under section 802 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 844, 957, 965 of this
    title.
 
-CITE-
    21 USC Sec. 959                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 959. Possession, manufacture, or distribution of controlled
        substance
 
-STATUTE-
    (a) Manufacture or distribution for purpose of unlawful importation
      It shall be unlawful for any person to manufacture or distribute
    a controlled substance in schedule I or II or flunitrazepam or
    listed chemical -
        (1) intending that such substance or chemical will be
      unlawfully imported into the United States or into waters within
      a distance of 12 miles of the coast of the United States; or
        (2) knowing that such substance or chemical will be unlawfully
      imported into the United States or into waters within a distance
      of 12 miles of the coast of the United States.
    (b) Possession, manufacture, or distribution by person on board
        aircraft
      It shall be unlawful for any United States citizen on board any
    aircraft, or any person on board an aircraft owned by a United
    States citizen or registered in the United States, to -
        (1) manufacture or distribute a controlled substance or listed
      chemical; or
        (2) possess a controlled substance or listed chemical with
      intent to distribute.
    (c) Acts committed outside territorial jurisdiction of United
        States; venue
      This section is intended to reach acts of manufacture or
    distribution committed outside the territorial jurisdiction of the
    United States. Any person who violates this section shall be tried
    in the United States district court at the point of entry where
    such person enters the United States, or in the United States
    District Court for the District of Columbia.
 
-SOURCE-
    (Pub. L. 91-513, title III, Sec. 1009, Oct. 27, 1970, 84 Stat.
    1289; Pub. L. 99-570, title III, Sec. 3161(a), Oct. 27, 1986, 100
    Stat. 3207-94; Pub. L. 104-237, title I, Sec. 102(a), (b), Oct. 3,
    1996, 110 Stat. 3100; Pub. L. 104-305, Sec. 2(b)(2)(A), Oct. 13,
    1996, 110 Stat. 3807.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Schedules I and II, referred to in subsec. (a), are set out in
    section 812(c) of this title.
 
-MISC2-
                                 AMENDMENTS
      1996 - Subsec. (a). Pub. L. 104-305 inserted "or flunitrazepam"
    after "schedule I or II" in introductory provisions.
      Pub. L. 104-237, Sec. 102(a), inserted "or listed chemical"
    after "schedule I or II" in introductory provisions and "or
    chemical" after "substance" in pars. (1) and (2).
      Subsec. (b). Pub. L. 104-237, Sec. 102(b), inserted "or listed
    chemical" after "controlled substance" in pars. (1) and (2).
      1986 - Pub. L. 99-570 designated first sentence as subsec. (a)
    and inserted "or into waters within a distance of 12 miles of the
    coast of the United States" in pars. (1) and (2), added subsec.
    (b), and designated last two sentences as subsec. (c).
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 960 of this title; title
    18 sections 5032, 5038; title 28 section 994.
 
-CITE-
    21 USC Sec. 960                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 960. Prohibited acts A
 
-STATUTE-
    (a) Unlawful acts
      Any person who -
        (1) contrary to section 952, 953, or 957 of this title,
      knowingly or intentionally imports or exports a controlled
      substance,
        (2) contrary to section 955 of this title, knowingly or
      intentionally brings or possesses on board a vessel, aircraft, or
      vehicle a controlled substance, or
        (3) contrary to section 959 of this title, manufactures,
      possesses with intent to distribute, or distributes a controlled
      substance,
    shall be punished as provided in subsection (b) of this section.
    (b) Penalties
      (1) In the case of a violation of subsection (a) of this section
    involving -
        (A) 1 kilogram or more of a mixture or substance containing a
      detectable amount of heroin;
        (B) 5 kilograms or more of a mixture or substance containing a
      detectable amount of -
          (i) coca leaves, except coca leaves and extracts of coca
        leaves from which cocaine, ecgonine, and derivatives of
        ecgonine or their salts have been removed;
          (ii) cocaine, its salts, optical and geometric isomers, and
        salts or isomers;
          (iii) ecgonine, its derivatives, their salts, isomers, and
        salts of isomers; or
          (iv) any compound, mixture, or preparation which contains any
        quantity of any of the substances referred to in clauses (i)
        through (iii);
        (C) 50 grams or more of a mixture or substance described in
      subparagraph (B) which contains cocaine base;
        (D) 100 grams or more of phencyclidine (PCP) or 1 kilogram or
      more of a mixture or substance containing a detectable amount of
      phencyclidine (PCP);
        (E) 10 grams or more of a mixture or substance containing a
      detectable amount of lysergic acid diethylamide (LSD);
        (F) 400 grams or more of a mixture or substance containing a
      detectable amount of N-phenyl-N- ( 1- ( 2-phenylethyl )
      -4-piperidinyl ) propanamide or 100 grams or more of a mixture or
      substance containing a detectable amount of any analogue of N-pheny
      propanamide;
        (G) 1000 kilograms or more of a mixture or substance containing
      a detectable amount of marihuana; or
        (H) 50 grams or more of methamphetamine, its salts, isomers,
      and salts of its isomers or 500 grams or more of a mixture or
      substance containing a detectable amount of methamphetamine, its
      salts, isomers, or salts of its isomers. (FOOTNOTE 1)
       (FOOTNOTE 1) So in original.  The period probably should be a
    semicolon.
    the person committing such violation shall be sentenced to a term
    of imprisonment of not less than 10 years and not more than life
    and if death or serious bodily injury results from the use of such
    substance shall be sentenced to a term of imprisonment of not less
    than 20 years and not more than life, a fine not to exceed the
    greater of that authorized in accordance with the provisions of
    title 18 or $4,000,000 if the defendant is an individual or
    $10,000,000 if the defendant is other than an individual, or both.
    If any person commits such a violation after a prior conviction for
    a felony drug offense has become final, such person shall be
    sentenced to a term of imprisonment of not less than 20 years and
    not more than life imprisonment and if death or serious bodily
    injury results from the use of such substance shall be sentenced to
    life imprisonment, a fine not to exceed the greater of twice that
    authorized in accordance with the provisions of title 18 or
    $8,000,000 if the defendant is an individual or $20,000,000 if the
    defendant is other than an individual, or both.  Any sentence under
    this paragraph shall, in the absence of such a prior conviction,
    impose a term of supervised release of at least 5 years in addition
    to such term of imprisonment and shall, if there was such a prior
    conviction, impose a term of supervised release of at least 10
    years in addition to such term of imprisonment.  Notwithstanding
    any other provision of law, the court shall not place on probation
    or suspend the sentence of any person sentenced under this
    paragraph.  No person sentenced under this paragraph shall be
    eligible for parole during the term of imprisonment imposed
    therein.
      (2) In the case of a violation of subsection (a) of this section
    involving -
        (A) 100 grams or more of a mixture or substance containing a
      detectable amount of heroin;
        (B) 500 grams or more of a mixture or substance containing a
      detectable amount of -
          (i) coca leaves, except coca leaves and extracts of coca
        leaves from which cocaine, ecgonine, and derivatives of
        ecgonine or their salts have been removed;
          (ii) cocaine, its salts, optical and geometric isomers, and
        salts or isomers;
          (iii) ecgonine, its derivatives, their salts, isomers, and
        salts of isomers; or
          (iv) any compound, mixture, or preparation which contains any
        quantity of any of the substances referred to in clauses (i)
        through (iii);
        (C) 5 grams or more of a mixture or substance described in
      subparagraph (B) which contains cocaine base;
        (D) 10 grams or more of phencyclidine (PCP) or 100 grams or
      more of a mixture or substance containing a detectable amount of
      phencyclidine (PCP);
        (E) 1 gram or more of a mixture or substance containing a
      detectable amount of lysergic acid diethylamide (LSD);
        (F) 40 grams or more of a mixture or substance containing a
      detectable amount of N-phenyl-N- ( 1- ( 2-phenylethyl )
      -4-piperidinyl ) propanamide or 10 grams or more of a mixture or
      substance containing a detectable amount of any analogue of N-pheny
      propanamide;
        (G) 100 kilograms or more of a mixture or substance containing
      a detectable amount of marihuana; or
        (H) 5 grams or more of methamphetamine, its salts, isomers, and
      salts of its isomers or 50 grams or more of a mixture or
      substance containing a detectable amount of methamphetamine, its
      salts, isomers, or salts of its isomers. (FOOTNOTE 2)
       (FOOTNOTE 2) So in original.  The period probably should be a
    semicolon.
    the person committing such violation shall be sentenced to a term
    of imprisonment of not less than 5 years and not more than 40 years
    and if death or serious bodily injury results from the use of such
    substance shall be sentenced to a term of imprisonment of not less
    than twenty years and not more than life, a fine not to exceed the
    greater of that authorized in accordance with the provisions of
    title 18 or $2,000,000 if the defendant is an individual or
    $5,000,000 if the defendant is other than an individual, or both.
    If any person commits such a violation after a prior conviction for
    a felony drug offense has become final, such person shall be
    sentenced to a term of imprisonment of not less than 10 years and
    not more than life imprisonment and if death or serious bodily
    injury results from the use of such substance shall be sentenced to
    life imprisonment, a fine not to exceed the greater of twice that
    authorized in accordance with the provisions of title 18 or
    $4,000,000 if the defendant is an individual or $10,000,000 if the
    defendant is other than an individual, or both.  Any sentence
    imposed under this paragraph shall, in the absence of such a prior
    conviction, include a term of supervised release of at least 4
    years in addition to such term of imprisonment and shall, if there
    was such a prior conviction, include a term of supervised release
    of at least 8 years in addition to such term of imprisonment.
    Notwithstanding any other provision of law, the court shall not
    place on probation or suspend the sentence of any person sentenced
    under this paragraph.  No person sentenced under this paragraph
    shall be eligible for parole during the term of imprisonment
    imposed therein.
      (3) In the case of a violation under subsection (a) of this
    section involving a controlled substance in schedule I or II, gamma
    hydroxybutyric acid (including when scheduled as an approved drug
    product for purposes of section 3(a)(1)(B) of the Hillory J. Farias
    and Samantha Reid Date-Rape Drug Prohibition Act of 2000), or
    flunitrazepam, the person committing such violation shall, except
    as provided in paragraphs (1), (2), and (4), be sentenced to a term
    of imprisonment of not more than 20 years and if death or serious
    bodily injury results from the use of such substance shall be
    sentenced to a term of imprisonment of not less than twenty years
    and not more than life, a fine not to exceed the greater of that
    authorized in accordance with the provisions of title 18 or
    $1,000,000 if the defendant is an individual or $5,000,000 if the
    defendant is other than an individual, or both.  If any person
    commits such a violation after a prior conviction for a felony drug
    offense has become final, such person shall be sentenced to a term
    of imprisonment of not more than 30 years and if death or serious
    bodily injury results from the use of such substance shall be
    sentenced to life imprisonment, a fine not to exceed the greater of
    twice that authorized in accordance with the provisions of title 18
    or $2,000,000 if the defendant is an individual or $10,000,000 if
    the defendant is other than an individual, or both.  Any sentence
    imposing a term of imprisonment under this paragraph shall, in the
    absence of such a prior conviction, impose a term of supervised
    release of at least 3 years in addition to such term of
    imprisonment and shall, if there was such a prior conviction,
    impose a term of supervised release of at least 6 years in addition
    to such term of imprisonment.  Notwithstanding the prior sentence,
    and notwithstanding any other provision of law, the court shall not
    place on probation or suspend the sentence of any person sentenced
    under the provisions of this paragraph which provide for a
    mandatory term of imprisonment if death or serious bodily injury
    results, nor shall a person so sentenced be eligible for parole
    during the term of such a sentence.
      (4) In the case of a violation under subsection (a) of this
    section with respect to less than 50 kilograms of marihuana, except
    in the case of 100 or more marihuana plants regardless of weight,
    less than 10 kilograms of hashish, less than one kilogram of
    hashish oil, or any quantity of a controlled substance in schedule
    III, IV, or V, (FOOTNOTE 3) (except a violation involving
    flunitrazepam and except a violation involving gamma hydroxybutyric
    acid) the person committing such violation shall be imprisoned not
    more than five years, or be fined not to exceed the greater of that
    authorized in accordance with the provisions of title 18 or
    $250,000 if the defendant is an individual or $1,000,000 if the
    defendant is other than an individual, or both.  If a sentence
    under this paragraph provides for imprisonment, the sentence shall,
    in addition to such term of imprisonment, include (A) a term of
    supervised release of not less than two years if such controlled
    substance is in schedule I, II, III, or (B) a term of supervised
    release of not less than one year if such controlled substance is
    in schedule IV.
       (FOOTNOTE 3) So in original.
    (c) Repealed. Pub. L. 98-473, title II, Sec. 225, formerly Sec.
        225(a), Oct. 12, 1984, 98 Stat. 2030, as amended by Pub. L.
        99-570, title I, Sec. 1005(c), Oct. 27, 1986, 100 Stat. 3207-6
    (d) Penalty for importation or exportation
      A person who knowingly or intentionally -
        (1) imports or exports a listed chemical with intent to
      manufacture a controlled substance in violation of this
      subchapter or subchapter I of this chapter;
        (2) exports a listed chemical in violation of the laws of the
      country to which the chemical is exported or serves as a broker
      or trader for an international transaction involving a listed
      chemical, if the transaction is in violation of the laws of the
      country to which the chemical is exported;
        (3) imports or exports a listed chemical knowing, or having
      reasonable cause to believe, that the chemical will be used to
      manufacture a controlled substance in violation of this
      subchapter or subchapter I of this chapter;
        (4) exports a listed chemical, or serves as a broker or trader
      for an international transaction involving a listed chemical,
      knowing, or having reasonable cause to believe, that the chemical
      will be used to manufacture a controlled substance in violation
      of the laws of the country to which the chemical is exported;
        (5) imports or exports a listed chemical, with the intent to
      evade the reporting or recordkeeping requirements of section 971
      of this title applicable to such importation or exportation by
      falsely representing to the Attorney General that the importation
      or exportation qualifies for a waiver of the 15-day notification
      requirement granted pursuant to section 971(e)(2) or (3) of this
      title by misrepresenting the actual country of final destination
      of the listed chemical or the actual listed chemical being
      imported or exported;
        (6) imports or exports a listed chemical in violation of
      section 957 or 971 of this title; or
        (7) manufactures, possesses with intent to distribute, or
      distributes a listed chemical in violation of section 959 of this
      title. (FOOTNOTE 4)
       (FOOTNOTE 4) So in original.  The period probably should be a
    comma.
    shall be fined in accordance with title 18, imprisoned not more
    than 20 years in the case of a violation of paragraph (1) or (3)
    involving a list I chemical or not more than 10 years in the case
    of a violation of this subsection other than a violation of
    paragraph (1) or (3) involving a list I chemical, or both.
 
-SOURCE-
    (Pub. L. 91-513, title III, Sec. 1010, Oct. 27, 1970, 84 Stat.
    1290; Pub. L. 98-473, title II, Sec. 225, formerly Sec. 225(a),
    504, Oct. 12, 1984, 98 Stat. 2030, 2070; Pub. L. 99-570, title I,
    Sec. 1004(a), 1005(c), 1302, 1866(e), Oct. 27, 1986, 100 Stat.
    3207-6, 3207-15, 3207-55; Pub. L. 100-690, title VI, Sec. 6053(c),
    6475, Nov. 18, 1988, 102 Stat. 4315, 4380; Pub. L. 101-647, title
    XII, Sec. 1204, title XXXV, Sec. 3599J, Nov. 29, 1990, 104 Stat.
    4830, 4932; Pub. L. 103-200, Sec. 4(b), 5(b), Dec. 17, 1993, 107
    Stat. 2338, 2339; Pub. L. 103-322, title IX, Sec. 90105(a), title
    XXXIII, Sec. 330024(d)(2), Sept. 13, 1994, 108 Stat. 1987, 2151;
    Pub. L. 104-237, title I, Sec. 102(c), title III, Sec. 302(b), Oct.
    3, 1996, 110 Stat. 3100, 3105; Pub. L. 104-305, Sec. 2(b)(2)(B),
    (C), Oct. 13, 1996, 110 Stat. 3807; Pub. L. 105-277, div.  E, Sec.
    2(b), Oct. 21, 1998, 112 Stat. 2681-759; Pub. L. 106-172, Sec.
    3(b)(2), Feb. 18, 2000, 114 Stat. 9.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Schedules I, II, III, IV, and V, referred to in subsec. (b), are
    set out in section 812(c) of this title.
      Section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid
    Date-Rape Prohibition Act of 2000, referred to in subsec. (b)(3),
    is section 3(a)(1)(B) of Pub. L. 106-172, which is set out in a
    note under section 812 of this title.
 
-MISC2-
                                 AMENDMENTS
      2000 - Subsec. (b)(3). Pub. L. 106-172, Sec. 3(b)(2)(A), inserted
    "gamma hydroxybutyric acid (including when scheduled as an
    approved drug product for purposes of section 3(a)(1)(B) of the
    Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act
    of 2000)," after "schedule I or II," in first sentence.
      Subsec. (b)(4). Pub. L. 106-172, Sec. 3(b)(2)(B), substituted
    "flunitrazepam and except a violation involving gamma
    hydroxybutyric acid)" for "flunitrazepam)".
      1998 - Subsec. (b)(1)(H). Pub. L. 105-277, Sec. 2(b)(1),
    substituted "50 grams" and "500 grams" for "100 grams" and
    "1 kilogram", respectively.
      Subsec. (b)(2)(H). Pub. L. 105-277, Sec. 2(b)(2), substituted "5
    grams" and "50 grams" for "10 grams" and "100 grams",
    respectively.
      1996 - Subsec. (b)(3). Pub. L. 104-305, Sec. 2(b)(2)(B), inserted
    "or flunitrazepam," after "schedule I or II,".
      Subsec. (b)(4). Pub. L. 104-305, Sec. 2(b)(2)(C), inserted
    "(except a violation involving flunitrazepam)" after "schedule
    III, IV, or V,".
      Subsec. (d). Pub. L. 104-237, Sec. 302(b), in closing provisions,
    substituted "not more than 20 years in the case of a violation of
    paragraph (1) or (3) involving a list I chemical or not more than
    10 years in the case of a violation of this subsection other than a
    violation of paragraph (1) or (3) involving a list I chemical,"
    for "not more than 10 years,".
      Subsec. (d)(7). Pub. L. 104-237, Sec. 102(c), added par. (7).
      1994 - Subsec. (b)(1), (2). Pub. L. 103-322, Sec. 90105(a), in
    sentence in concluding provisions beginning "If any person
    commits", substituted "a prior conviction for a felony drug
    offense has become final" for "one or more prior convictions for
    an offense punishable under this subsection, or for a felony under
    any other provision of this subchapter or subchapter I of this
    chapter or other law of a State, the United States, or a foreign
    country relating to narcotic drugs, marihuana, or depressant or
    stimulant substances, have become final".
      Subsec. (b)(3). Pub. L. 103-322, Sec. 90105(a), in sentence
    beginning "If any person commits", substituted "a prior
    conviction for a felony drug offense has become final" for "one
    or more prior convictions for an offense punishable under this
    subsection, or for a felony under any other provision of this
    subchapter or subchapter I of this chapter or other law of a State,
    the United States or a foreign country relating to narcotic drugs,
    marihuana, or depressant or stimulant substances, have become
    final".
      Subsec. (d)(5), (6). Pub. L. 103-322, Sec. 330024(d)(2), amended
    directory language of Pub. L. 103-200, Sec. 5(b)(3). See 1993
    Amendment note below.
      1993 - Subsec. (d). Pub. L. 103-200, Sec. 5(b), as amended by
    Pub. L. 103-322, Sec. 330024(d)(2), added pars. (5) and (6).
      Pub. L. 103-200, Sec. 4(b), amended subsec. (d) generally.  Prior
    to amendment, subsec. (d) read as follows: "Any person who
    knowingly or intentionally -
        "(1) imports or exports a listed chemical with intent to
      manufacture a controlled substance in violation of this
      subchapter or, in the case of an exportation, in violation of the
      law of the country to which the chemical is exported; or
        "(2) imports or exports a listed chemical knowing, or having
      reasonable cause to believe, that the listed chemical will be
      used to manufacture a controlled substance in violation of this
      subchapter or, in the case of an exportation, in violation of the
      law of the country to which the chemical is exported;
    shall be fined in accordance with title 18, or imprisoned not more
    than 10 years, or both."
      1990 - Subsec. (b)(1)(H). Pub. L. 101-647, Sec. 1204(a), added
    subpar. (H).
      Subsec. (b)(2). Pub. L. 101-647, Sec. 3599J, substituted
    "supervised" for "suspervised" in two places in concluding
    provisions.
      Subsec. (b)(2)(H). Pub. L. 101-647, Sec. 1204(b), added subpar.
    (H).
      1988 - Subsec. (a)(3). Pub. L. 100-690, Sec. 6475, substituted
    "manufactures, possesses with intent to distribute, or distributes
    a controlled substance" for "manufactures or distributes a
    controlled substance".
      Subsec. (d). Pub. L. 100-690, Sec. 6053(c), added subsec. (d).
      1986 - Pub. L. 99-570, Sec. 1005(c), amended Pub. L. 98-473, Sec.
    225. See 1984 Amendment note below.
      Subsec. (b)(1), (2). Pub. L. 99-570, Sec. 1302(a)(2), added pars.
    (1) and (2) and struck out former pars. (1) and (2) which read as
    follows:
      "(1) In the case of a violation under subsection (a) of this
    section involving -
        "(A) 100 grams or more of a mixture or substance containing a
      detectable amount of a narcotic drug in schedule I or II other
      than a narcotic drug consisting of -
          "(i) coca leaves;
          "(ii) a compound, manufacture, salt, derivative, or
        preparation of coca leaves; or
          "(iii) a substance chemically identical thereto;
        "(B) a kilogram or more of any other narcotic drug in schedule
      I or II;
        "(C) 500 grams or more of phencyclidine (PCP);
        "(D) 5 grams or more of lysergic acid diethylamide (LSD);
    the person committing such violation shall be imprisoned for not
    more than twenty years, or fined not more than $250,000, or both.
      "(2) In the case of a violation under subsection (a) of this
    section with respect to a controlled substance in schedule I or II,
    the person committing such violation shall, except as provided in
    paragraphs (1) and (3), be imprisoned not more than fifteen years,
    or fined not more than $125,000, or both.  If a sentence under this
    paragraph provides for imprisonment, the sentence shall include a
    special parole term of not less than three years in addition to
    such term of imprisonment."
      Subsec. (b)(3). Pub. L. 99-570, Sec. 1302(a)(2), added par. (3).
    Former par. (3) redesignated (4).
      Subsec. (b)(4). Pub. L. 99-570, Sec. 1302(a)(1), (3), (b)(2),
    (3), redesignated former par. (3) as (4), inserted "except in the
    case of 100 or more marihuana plants regardless of weight," and
    substituted "fined not to exceed the greater of that authorized in
    accordance with the provisions of title 18 or $250,000 if the
    defendant is an individual or $1,000,000 if the defendant is other
    than an individual" for "fined not more than $50,000".
      Pub. L. 99-570, Sec. 1302(b)(1), 1866(e), made identical
    amendment striking out ", except as provided in paragraph (4)"
    after "such violation shall".
      Pub. L. 99-570, Sec. 1004(a), substituted "term of supervised
    release" for "special parole term" in two places.
      Subsec. (c). Pub. L. 99-570, Sec. 1004(a), substituted "term of
    supervised release" for "special parole term" wherever
    appearing, effective Nov. 1, 1987, the effective date of the repeal
    of subsec. (c) by Pub. L. 98-473, Sec. 225. See 1984 Amendment note
    below.
      1984 - Subsec. (b). Pub. L. 98-473, Sec. 225(a), which directed
    amendment of this subsection effective Nov. 1, 1987 (see section
    235(a)(1) of Pub. L. 98-473 set out as an Effective Date note under
    section 3551 of Title 18, Crimes and Criminal Procedure) was
    omitted in the general amendment of section 225 of Pub. L. 98-473
    by Pub. L. 99-570, Sec. 1005(c).
      Subsec. (b)(1). Pub. L. 98-473, Sec. 504(1), added par. (1).
    Former par. (1) redesignated (2).
      Subsec. (b)(2). Pub. L. 98-473, Sec. 504(1), (2), redesignated
    former par. (1) as (2), inserted provisions excepting pars. (1) and
    (3), and substituted reference to controlled substance for
    reference to narcotic drug, and "$125,000" for "$25,000".
    Former par. (2) redesignated (3).
      Subsec. (b)(3). Pub. L. 98-473, Sec. 504(1), (3), redesignated
    former par. (2) as (3) and substituted "less than 50 kilograms of
    marihuana, less than 10 kilograms of hashish, less than one
    kilogram of hashish oil, or any quantity of a controlled substance
    in schedule III, IV, or V, the person committing such violation
    shall, except as provided in paragraph (4)" for "a controlled
    substance other than a narcotic drug in schedule I or II, the
    person committing such violation shall", and "$50,000" for
    "$15,000".
      Subsec. (c). Pub. L. 98-473, Sec. 225, as amended by Pub. L.
    99-570, Sec. 1005(c), struck out subsec. (c) which related to
    special parole terms imposed under this section or section 962 of
    this title.  Notwithstanding directory language that the amendment
    be made to "Section 1515 of the Controlled Substances Import and
    Export Act (21 U.S.C. 960)", the amendment was executed to this
    section as the probable intent of Congress.
                      EFFECTIVE DATE OF 1994 AMENDMENT
      Amendment by section 330024(d)(2) of Pub. L. 103-322 effective
    120 days after Dec. 17, 1993, see section 330024(f) of Pub. L.
    103-322, set out as a note under section 802 of this title.
                      EFFECTIVE DATE OF 1993 AMENDMENT
      Amendment by Pub. L. 103-200 effective on date that is 120 days
    after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
    a note under section 802 of this title.
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by section 6053(c) of Pub. L. 100-690 effective 120
    days after Nov. 18, 1988, see section 6061 of Pub. L. 100-690, set
    out as a note under section 802 of this title.
                      EFFECTIVE DATE OF 1986 AMENDMENT
      Amendment by section 1004(a) of Pub. L. 99-570 effective on date
    of taking effect of section 3583 of Title 18, Crimes and Criminal
    Procedure (Nov. 1, 1987), see section 1004(b) of Pub. L. 99-570 set
    out as a note under section 841 of this title.
                      EFFECTIVE DATE OF 1984 AMENDMENT
      Amendment by section 225 of Pub. L. 98-473 effective Nov. 1,
    1987, and applicable only to offenses committed after the taking
    effect of such amendment, see section 235(a)(1) of Pub. L. 98-473,
    set out as an Effective Date note under section 3551 of Title 18,
    Crimes and Criminal Procedure.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 848, 962, 1710 of this
    title; title 5 section 3113; title 18 sections 36, 3553, 3559,
    5032; title 28 section 994; title 46 App. section 1903.
 
-CITE-
    21 USC Sec. 961                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 961. Prohibited acts B
 
-STATUTE-
      Any person who violates section 954 of this title or fails to
    notify the Attorney General of an importation or exportation under
    section 971 of this title shall be subject to the following
    penalties:
        (1) Except as provided in paragraph (2), any such person shall,
      with respect to any such violation, be subject to a civil penalty
      of not more than $25,000. Sections 842(c)(1) and (c)(3) of this
      title shall apply to any civil penalty assessed under this
      paragraph.
        (2) If such a violation is prosecuted by an information or
      indictment which alleges that the violation was committed
      knowingly or intentionally and the trier of fact specifically
      finds that the violation was so committed, such person shall be
      sentenced to imprisonment for not more than one year or a fine of
      not more than $25,000 or both.
 
-SOURCE-
    (Pub. L. 91-513, title III, Sec. 1011, Oct. 27, 1970, 84 Stat.
    1290; Pub. L. 100-690, title VI, Sec. 6053(d), Nov. 18, 1988, 102
    Stat. 4316.)
 
-MISC1-
                                 AMENDMENTS
      1988 - Pub. L. 100-690 inserted "or fails to notify the Attorney
    General of an importation or exportation under section 971 of this
    title".
                      EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by Pub. L. 100-690 effective 120 days after Nov. 18,
    1988, see section 6061 of Pub. L. 100-690, set out as a note under
    section 802 of this title.
 
-CITE-
    21 USC Sec. 962                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 962. Second or subsequent offenses
 
-STATUTE-
    (a) Term of imprisonment and fine
      Any person convicted of any offense under this subchapter is, if
    the offense is a second or subsequent offense, punishable by a term
    of imprisonment twice that otherwise authorized, by twice the fine
    otherwise authorized, or by both.  If the conviction is for an
    offense punishable under section 960(b) of this title, and if it is
    the offender's second or subsequent offense, the court shall
    impose, in addition to any term of imprisonment and fine, twice the
    term of supervised release otherwise authorized.
    (b) Determination of status
      For purposes of this section, a person shall be considered
    convicted of a second or subsequent offense if, prior to the
    commission of such offense, one or more prior convictions of such
    person for a felony drug offense have become final.
    (c) Procedures applicable
      Section 851 of this title shall apply with respect to any
    proceeding to sentence a person under this section.
 
-SOURCE-
    (Pub. L. 91-513, title III, Sec. 1012, Oct. 27, 1970, 84 Stat.
    1290; Pub. L. 98-473, title II, Sec. 225(b), 505, Oct. 12, 1984, 98
    Stat. 2030, 2070; Pub. L. 99-570, title I, Sec. 1004(a), 1005(c),
    Oct. 27, 1986, 100 Stat. 3207-6; Pub. L. 103-322, title IX, Sec.
    90105(b), Sept. 13, 1994, 108 Stat. 1988.)
 
-MISC1-
                                 AMENDMENTS
      1994 - Subsec. (b). Pub. L. 103-322 substituted "one or more
    prior convictions of such person for a felony drug offense have
    become final" for "one or more prior convictions of him for a
    felony under any provision of this subchapter or subchapter I of
    this chapter or other law of a State, the United States, or a
    foreign country relating to narcotic drugs, marihuana, or
    depressant or stimulant drugs, have become final".
      1986 - Subsec. (a). Pub. L. 99-570, Sec. 1005(c), amended Pub. L.
    98-473, Sec. 225. See 1984 Amendment note below.
      Pub. L. 99-570, Sec. 1004(a), substituted "term of supervised
    release" for "special parole term".
      1984 - Subsec. (a). Pub. L. 98-473, Sec. 225(b), which directed
    amendment of this section effective Nov. 1, 1987 (see section
    235(a)(1) of Pub. L. 98-473 set out as an Effective Date note under
    section 3551 of Title 18, Crimes and Criminal Procedure) was
    omitted in the general amendment of section 225 of Pub. L. 98-473
    by Pub. L. 99-570, Sec. 1005(c).
      Subsec. (b). Pub. L. 98-473, Sec. 505, inserted references to
    laws of a State or of a foreign country.
                      EFFECTIVE DATE OF 1986 AMENDMENT
      Amendment by section 1004(a) of Pub. L. 99-570 effective on date
    of taking effect of section 3583 of Title 18, Crimes and Criminal
    Procedure (Nov. 1, 1987), see section 1004(b) of Pub. L. 99-570 set
    out as a note under section 841 of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 46 App. section 1903.
 
-CITE-
    21 USC Sec. 963                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 963. Attempt and conspiracy
 
-STATUTE-
      Any person who attempts or conspires to commit any offense
    defined in this subchapter shall be subject to the same penalties
    as those prescribed for the offense, the commission of which was
    the object of the attempt or conspiracy.
 
-SOURCE-
    (Pub. L. 91-513, title III, Sec. 1013, Oct. 27, 1970, 84 Stat.
    1291; Pub. L. 100-690, title VI, Sec. 6470(a), Nov. 18, 1988, 102
    Stat. 4377.)
 
-MISC1-
                                 AMENDMENTS
      1988 - Pub. L. 100-690 substituted "shall be subject to the same
    penalties as those prescribed for the offense" for "is punishable
    by imprisonment or fine or both which may not exceed the maximum
    punishment prescribed for the offense".
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in title 18 sections 36, 3553.
 
-CITE-
    21 USC Sec. 964                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 964. Additional penalties
 
-STATUTE-
      Any penalty imposed for violation of this subchapter shall be in
    addition to, and not in lieu of, any civil or administrative
    penalty or sanction authorized by law.
 
-SOURCE-
    (Pub. L. 91-513, title III, Sec. 1014, Oct. 27, 1970, 84 Stat.
    1291.)
 
-CITE-
    21 USC Sec. 965                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 965. Applicability of part E of subchapter I
 
-STATUTE-
      Part E of subchapter I of this chapter shall apply with respect
    to functions of the Attorney General (and of officers and employees
    of the Bureau of Narcotics and Dangerous Drugs) under this
    subchapter, to administrative and judicial proceedings under this
    subchapter, and to violations of this subchapter, to the same
    extent that such part applies to functions of the Attorney General
    (and such officers and employees) under subchapter I of this
    chapter, to such proceedings under subchapter I of this chapter,
    and to violations of subchapter I of this chapter.  For purposes of
    the application of this section to section 880 or 881 of this
    title, any reference in such section 880 or 881 of this title to
    "this subchapter" shall be deemed to be a reference to this
    subchapter, any reference to section 823 of this title shall be
    deemed to be a reference to section 958 of this title, and any
    reference to section 822(d) of this title shall be deemed to be a
    reference to section 957(b)(2) of this title.
 
-SOURCE-
    (Pub. L. 91-513, title III, Sec. 1015, Oct. 27, 1970, 84 Stat.
    1291; Pub. L. 95-633, title III, Sec. 301(b), Nov. 10, 1978, 92
    Stat. 3778.)
 
-MISC1-
                                 AMENDMENTS
      1978 - Pub. L. 95-633 inserted "or 881" after "880" wherever
    appearing.
 
-TRANS-
                           TRANSFER OF FUNCTIONS
      For abolition of Bureau of Narcotics and Dangerous Drugs,
    including Office of Director thereof, and creation of a single
    comprehensive agency for enforcement of drug laws by Reorg. Plan
    No. 2 of 1973, eff.  July 1, 1973, 38 F.R. 15932, 87 Stat. 1091,
    see note set out under section 881 of this title.
 
-CITE-
    21 USC Sec. 966                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 966. Authority of Secretary of the Treasury
 
-STATUTE-
      Nothing in this chapter shall derogate from the authority of the
    Secretary of the Treasury under the customs and related laws.
 
-SOURCE-
    (Pub. L. 91-513, title III, Sec. 1016, Oct. 27, 1970, 84 Stat.
    1291.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1236, as
    amended.  For complete classification of this Act to the Code, see
    Short Title note set out under section 801 of this title and
    Tables.
      The customs laws, referred to in text, are classified generally
    to Title 19, Customs Duties.
 
-CITE-
    21 USC Sec. 967                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 967. Smuggling of controlled substances; investigations;
        oaths; subpenas; witnesses; evidence; production of records;
        territorial limits; fees and mileage of witnesses
 
-STATUTE-
      For the purpose of any investigation which, in the opinion of the
    Secretary of the Treasury, is necessary and proper to the
    enforcement of section 545 of title 18 (relating to smuggling goods
    into the United States) with respect to any controlled substance
    (as defined in section 802 of this title), the Secretary of the
    Treasury may administer oaths and affirmations, subpena witnesses,
    compel their attendance, take evidence, and require the production
    of records (including books, papers, documents and tangible things
    which constitute or contain evidence) relevant or material to the
    investigation.  The attendance of witnesses and the production of
    records may be required from any place within the customs territory
    of the United States, except that a witness shall not be required
    to appear at any hearing distant more than 100 miles from the place
    where he was served with subpena.  Witnesses summoned by the
    Secretary shall be paid the same fees and mileage that are paid
    witnesses in the courts of the United States. Oaths and
    affirmations may be made at any place subject to the jurisdiction
    of the United States.
 
-SOURCE-
    (Aug. 11, 1955, ch. 800, Sec. 1, 69 Stat. 684; Pub. L. 91-513,
    title III, Sec. 1102(t), Oct. 27, 1970, 84 Stat. 1294.)
 
-COD-
                                CODIFICATION
      Section was not enacted as part of the Comprehensive Drug Abuse
    Prevention and Control Act of 1970 which comprises this chapter.
      Section was formerly classified to section 1034 of Title 31 prior
    to the general revision and enactment of Title 31, Money and
    Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.
      Section was also formerly classified to section 198a of this
    title.
 
-MISC3-
                                 AMENDMENTS
      1970 - Pub. L. 91-513 substituted "section 545 of title 18
    (relating to smuggling goods into the United States) with respect
    to any controlled substance (as defined in section 802 of this
    title)" for "the laws of the United States relating to narcotic
    drugs and marihuana" and substituted the customs territory of the
    United States for any State or any territory or other place subject
    to the jurisdiction of the United States is the defined area from
    within which the attendance of witnesses and the production of
    records may be required, and struck out provisions making the
    discretion of the Secretary of the Treasury the determinative
    factor as to what is relevant or material to the investigation.
                      EFFECTIVE DATE OF 1970 AMENDMENT
      Amendment by Pub. L. 91-513 effective on first day of seventh
    calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub.
    L. 91-513, set out as an Effective Date note under section 951 of
    this title.
                             SAVINGS PROVISION
      Prosecutions for any violation of law occurring, and civil
    seizures or forfeitures and injunctive proceedings commenced, prior
    to the effective date of amendment of this section by section 1102
    of Pub. L. 91-513 not to be affected or abated by reason thereof,
    see section 1103 of Pub. L. 91-513, set out as a note under
    sections 171 to 174 of this title.
 
-CITE-
    21 USC Sec. 968                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 968. Service of subpena; proof of service
 
-STATUTE-
      A subpena of the Secretary of the Treasury may be served by any
    person designated in the subpena to serve it.  Service upon a
    natural person may be made by personal delivery of the subpena to
    him.  Service may be made upon a domestic or foreign corporation or
    upon a partnership or other unincorporated association which is
    subject to suit under a common name, by delivering the subpena to
    an officer, a managing or general agent, or to any other agent
    authorized by appointment or by law to receive service of process.
    The affidavit of the person serving the subpena entered on a true
    copy thereof by the person serving it shall be proof of service.
 
-SOURCE-
    (Aug. 11, 1955, ch. 800, Sec. 2, 69 Stat. 685.)
 
-COD-
                                CODIFICATION
      Section was not enacted as part of the Comprehensive Drug Abuse
    Prevention and Control Act of 1970 which comprises this chapter.
      Section was formerly classified to section 1035 of Title 31 prior
    to the general revision and enactment of Title 31, Money and
    Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.
      Section was also formerly classified to section 198b of this
    title.
 
-CITE-
    21 USC Sec. 969                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 969. Contempt proceedings
 
-STATUTE-
      In case of contumacy by, or refusal to obey a subpena issued to,
    any person, the Secretary of the Treasury may invoke the aid of any
    court of the United States within the jurisdiction of which the
    investigation is carried on or of which the subpenaed person is an
    inhabitant, carries on business or may be found, to compel
    compliance with the subpena of the Secretary of the Treasury. The
    court may issue an order requiring the subpenaed person to appear
    before the Secretary of the Treasury there to produce records, if
    so ordered, or to give testimony touching the matter under
    investigation.  Any failure to obey the order of the court may be
    punished by the court as a contempt thereof.  All process in any
    such case may be served in the judicial district whereof the
    subpenaed person is an inhabitant or wherever he may be found.
 
-SOURCE-
    (Aug. 11, 1955, ch. 800, Sec. 3, 69 Stat. 685.)
 
-COD-
                                CODIFICATION
      Section was not enacted as part of the Comprehensive Drug Abuse
    Prevention and Control Act of 1970 which comprises this chapter.
      Section was formerly classified to section 1036 of Title 31 prior
    to the general revision and enactment of Title 31, Money and
    Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.
      Section was also formerly classified to section 198c of this
    title.
 
-CITE-
    21 USC Sec. 970                                              01/02/01
 
-EXPCITE-
    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-
    Sec. 970. Criminal forfeitures
 
-STATUTE-
      Section 853 of this title, relating to criminal forfeitures,
    shall apply in every respect to a violation of this subchapter
    punishable by imprisonment for more than one year.
 
-SOURCE-
    (Pub. L. 91-513, title III, Sec. 1017, as added Pub. L. 98-473,
    title II, Sec. 307, Oct. 12, 1984, 98 Stat. 2051.)
 
-CITE-
    21 USC Sec. 971                                              01/02/01
 
-EXPCITE-

    TITLE 21 - FOOD AND DRUGS
    CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
    SUBCHAPTER II - IMPORT AND EXPORT
 
-HEAD-

    Sec. 971. Notification, suspension of shipment, and penalties with
        respect to importation and exportation of listed chemicals
 
-STATUTE-

    (a) Notification prior to transaction
      Each regulated person who imports or exports a listed chemical
    shall notify the Attorney General of the importation or exportation
    not later than 15 days before the transaction is to take place.

    (b) Regular customers or importers

      (1) The Attorney General shall provide by regulation for
    circumstances in which the requirement of subsection (a) of this
    section does not apply to a transaction between a regulated person
    and a regular customer or to an importation by a regular importer.
    At the time of any importation or exportation constituting a
    transaction referred to in the preceding sentence, the regulated
    person shall notify the Attorney General of the transaction.

      (2) The regulations under this subsection shall provide that the
    initial notification under subsection (a) of this section with
    respect to a customer of a regulated person or to an importer
    shall, upon the expiration of the 15-day period, qualify the
    customer as a regular customer or the importer as a regular
    importer, unless the Attorney General otherwise notifies the
    regulated person in writing.

    (c) Suspension of importation or exportation; disqualification of
        regular customers or importers; hearing

      (1) The Attorney General may order the suspension of any
    importation or exportation of a listed chemical (other than a
    regulated transaction to which the requirement of subsection (a) of
    this section does not apply by reason of subsection (b) of this
    section) or may disqualify any regular customer or regular importer
    on the ground that the chemical may be diverted to the clandestine
    manufacture of a controlled substance.  From and after the time
    when the Attorney General provides written notice of the order
    (including a statement of the legal and factual basis for the
    order) to the regulated person, the regulated person may not carry
    out the transaction.

      (2) Upon written request to the Attorney General, a regulated
    person to whom an order applies under paragraph (1) is entitled to
    an agency hearing on the record in accordance with subchapter II of
    chapter 5 of title 5. The hearing shall be held on an expedited
    basis and not later than 45 days after the request is made, except
    that the hearing may be held at a later time, if so requested by
    the regulated person.

    (d) Broker or trader for international transaction in listed
        chemical
      A person located in the United States who is a broker or trader
    for an international transaction in a listed chemical that is a
    regulated transaction solely because of that person's involvement
    as a broker or trader shall, with respect to that transaction, be
    subject to all of the notification, reporting, recordkeeping, and
    other requirements placed upon exporters of listed chemicals by
    this subchapter and subchapter I of this chapter.

    (e) Application of notification requirement to exports of listed
        chemical; waiver

      (1) The Attorney General may by regulation require that the
    15-day notification requirement of subsection (a) of this section
    apply to all exports of a listed chemical to a specified country,
    regardless of the status of certain customers in such country as
    regular customers, if the Attorney General finds that such
    notification is necessary to support effective chemical diversion
    control programs or is required by treaty or other international
    agreement to which the United States is a party.

      (2) The Attorney General may by regulation waive the 15-day
    notification requirement for exports of a listed chemical to a
    specified country if the Attorney General determines that such
    notification is not required for effective chemical diversion
    control.  If the notification requirement is waived, exporters of
    the listed chemical shall be required to submit to the Attorney
    General reports of individual exportations or periodic reports of
    such exportation of the listed chemical, at such time or times and
    containing such information as the Attorney General shall establish
    by regulation.

      (3) The Attorney General may by regulation waive the 15-day
    notification requirement for the importation of a listed chemical
    if the Attorney General determines that such notification is not
    necessary for effective chemical diversion control.  If the
    notification requirement is waived, importers of the listed
    chemical shall be required to submit to the Attorney General
    reports of individual importations or periodic reports of the
    importation of the listed chemical, at such time or times and
    containing such information as the Attorney General shall establish
    by regulation.
 
-SOURCE-

    (Pub. L. 91-513, title III, Sec. 1018, as added Pub. L. 100-690,
    title VI, Sec. 6053(a), Nov. 18, 1988, 102 Stat. 4314; amended Pub.
    L. 103-200, Sec. 4(a), 5(a), 9(b), Dec. 17, 1993, 107 Stat.
    2338-2340; Pub. L. 103-322, title XXXIII, Sec. 330024(c), Sept. 13,
    1994, 108 Stat. 2150.)
 
-MISC1-

                                 AMENDMENTS
      1994 - Subsecs. (b)(1), (2), (c)(1). Pub. L. 103-322, Sec.
    330024(c)(2), made technical amendment to directory language of
    Pub. L. 103-200, Sec. 9(b). See 1993 Amendment notes below.
      Subsec. (e). Pub. L. 103-322, Sec. 330024(c)(1), made technical
    amendment to directory language of Pub. L. 103-200, Sec. 5(a). See
    1993 Amendment note below.
      1993 - Subsec. (b)(1). Pub. L. 103-200, Sec. 9(b)(1)(A), as
    amended by Pub. L. 103-322, Sec. 330024(c)(2), substituted "to an
    importation by a regular importer" for "regular supplier of the
    regulated person".
      Subsec. (b)(2). Pub. L. 103-200, Sec. 9(b)(1)(B), as amended by
    Pub. L. 103-322, Sec. 330024(c)(2), substituted "a customer of a
    regulated person or to an importer" for "a customer or supplier
    of a regulated person" and "the importer as a regular importer"
    for "regular supplier".
      Subsec. (c)(1). Pub. L. 103-200, Sec. 9(b)(2), as amended by Pub.
    L. 103-322, Sec. 330024(c)(2), substituted "regular importer" for
    "regular supplier".
      Subsec. (d). Pub. L. 103-200, Sec. 4(a), added subsec. (d).
      Subsec. (e). Pub. L. 103-200, Sec. 5(a), as amended by Pub. L.
    103-322, Sec. 330024(c)(1), added subsec. (e).

                      EFFECTIVE DATE OF 1994 AMENDMENT
      Amendment by Pub. L. 103-322 effective 120 days after Dec. 17,
    1993, see section 330024(f) of Pub. L. 103-322, set out as a note
    under section 802 of this title.

                      EFFECTIVE DATE OF 1993 AMENDMENT
      Amendment by Pub. L. 103-200 effective on date that is 120 days
    after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
    a note under section 802 of this title.

                               EFFECTIVE DATE
      Section 6053(b) of Pub. L. 100-690 provided that:

      "(1) Not later than 45 days after the date of the enactment of
    this Act (Nov. 18, 1988), the Attorney General shall forward to the
    Director of the Office of Management and Budget proposed
    regulations required by the amendment made by subsection (a)
    (enacting this section).

      "(2) Not later than 55 days after the date of the enactment of
    this Act, the Director of the Office of Management and Budget shall
    -
        "(A) review such proposed regulations of the Attorney General;
      and
        "(B) forward any comments and recommendations for
      modifications to the Attorney General.

      "(3) Not later than 60 days after the date of the enactment of
    this Act, the Attorney General shall publish the proposed final
    regulations required by the amendment made by subsection (a).

      "(4) Not later than 120 days after the date of the enactment of
    this Act, the Attorney General shall promulgate final regulations
    required by the amendment made by subsection (a).

      "(5) Subsection (a) of section 1018 of the Controlled Substances
    Import and Export Act (subsection (a) of this section), as added by
    subsection (a) of this section, shall take effect 90 days after the
    promulgation of the final regulations under paragraph (4).

      "(6) Each regulated person shall provide to the Attorney General
    the identity of any regular customer or regular supplier of the
    regulated person not later than 30 days after the promulgation of
    the final regulations under paragraph (4). Not later than 60 days
    after the end of such 30-day period, each regular customer and
    regular supplier so identified shall be a regular customer or
    regular supplier for purposes of any applicable exception from the
    requirement of subsection (a) of such section 1018, unless the the
    (sic) Attorney General otherwise notifies the regulated person in
    writing."

      Section effective 120 days after Nov. 18, 1988 (except subsec.
    (a), see above), see section 6061 of Pub. L. 100-690, set out as an
    Effective Date of 1988 Amendment note under section 802 of this
    title.


      EXCEPTION FOR IODINE TO IMPORTATION AND EXPORTATION REQUIREMENTS
                            FOR LISTED CHEMICALS
      Pub. L. 104-237, title II, Sec. 204(b), Oct. 3, 1996, 110 Stat.
    3102, provided that:

      "(1) Iodine shall not be subject to the requirements for listed
    chemicals provided in section 1018 of the Controlled Substances
    Import and Export Act (21 U.S.C. 971).

      "(2) Effect of Exception. - The exception made by paragraph (1)
    shall not limit the authority of the Attorney General to impose the
    requirements for listed chemicals provided in section 1018 of the
    Controlled Substances Import and Export Act (21 U.S.C. 971)."
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 830, 960, 961 of this
    title.
 
-CITE-