
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC841]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
                     Part D--Offenses and Penalties
 
Sec. 841. Prohibited acts A


(a) Unlawful acts

    Except as authorized by this subchapter, it shall be unlawful for 
any person knowingly or intentionally--
        (1) to manufacture, distribute, or dispense, or possess with 
    intent to manufacture, distribute, or dispense, a controlled 
    substance; or
        (2) to create, distribute, or dispense, or possess with intent 
    to distribute or dispense, a counterfeit substance.

(b) Penalties

    Except as otherwise provided in section 849, 859, 860, or 861 of 
this title, any person who violates subsection (a) of this section shall 
be sentenced as follows:
    (1)(A) In the case of a violation of subsection (a) of this section 
involving--
        (i) 1 kilogram or more of a mixture or substance containing a 
    detectable amount of heroin;
        (ii) 5 kilograms or more of a mixture or substance containing a 
    detectable amount of--
            (I) coca leaves, except coca leaves and extracts of coca 
        leaves from which cocaine, ecgonine, and derivatives of ecgonine 
        or their salts have been removed;
            (II) cocaine, its salts, optical and geometric isomers, and 
        salts of isomers;
            (III) ecgonine, its derivatives, their salts, isomers, and 
        salts of isomers; or
            (IV) any compound, mixture, or preparation which contains 
        any quantity of any of the substances referred to in subclauses 
        (I) through (III);

        (iii) 50 grams or more of a mixture or substance described in 
    clause (ii) which contains cocaine base;
        (iv) 100 grams or more of phencyclidine (PCP) or 1 kilogram or 
    more of a mixture or substance containing a detectable amount of 
    phencyclidine (PCP);
        (v) 10 grams or more of a mixture or substance containing a 
    detectable amount of lysergic acid diethylamide (LSD);
        (vi) 400 grams or more of a mixture or substance containing a 
    detectable amount of N-phenyl-N- [ 1- ( 2-phenylethyl ) -4-
    piperidinyl ] propanamide or 100 grams or more of a mixture or 
    substance containing a detectable amount of any analogue of N-
    phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
        (vii) 1000 kilograms or more of a mixture or substance 
    containing a detectable amount of marihuana, or 1,000 or more 
    marihuana plants regardless of weight; or
        (viii) 50 grams or more of methamphetamine, its salts, isomers, 
    and salts of its isomers or 500 grams or more of a mixture or 
    substance containing a detectable amount of methamphetamine, its 
    salts, isomers, or salts of its isomers;

such person shall be sentenced to a term of imprisonment which may not 
be less than 10 years or more than life and if death or serious bodily 
injury results from the use of such substance shall be not less than 20 
years or more than life, a fine not to exceed the greater of that 
authorized in accordance with the provisions of title 18 or $4,000,000 
if the defendant is an individual or $10,000,000 if the defendant is 
other than an individual, or both. If any person commits such a 
violation after a prior conviction for a felony drug offense has become 
final, such person shall be sentenced to a term of imprisonment which 
may not be less than 20 years and not more than life imprisonment and if 
death or serious bodily injury results from the use of such substance 
shall be sentenced to life imprisonment, a fine not to exceed the 
greater of twice that authorized in accordance with the provisions of 
title 18 or $8,000,000 if the defendant is an individual or $20,000,000 
if the defendant is other than an individual, or both. If any person 
commits a violation of this subparagraph or of section 849, 859, 860, or 
861 of this title after two or more prior convictions for a felony drug 
offense have become final, such person shall be sentenced to a mandatory 
term of life imprisonment without release and fined in accordance with 
the preceding sentence. Any sentence under this subparagraph shall, in 
the absence of such a prior conviction, impose a term of supervised 
release of at least 5 years in addition to such term of imprisonment and 
shall, if there was such a prior conviction, impose a term of supervised 
release of at least 10 years in addition to such term of imprisonment. 
Notwithstanding any other provision of law, the court shall not place on 
probation or suspend the sentence of any person sentenced under this 
subparagraph. No person sentenced under this subparagraph shall be 
eligible for parole during the term of imprisonment imposed therein.
    (B) In the case of a violation of subsection (a) of this section 
involving--
        (i) 100 grams or more of a mixture or substance containing a 
    detectable amount of heroin;
        (ii) 500 grams or more of a mixture or substance containing a 
    detectable amount of--
            (I) coca leaves, except coca leaves and extracts of coca 
        leaves from which cocaine, ecgonine, and derivatives of ecgonine 
        or their salts have been removed;
            (II) cocaine, its salts, optical and geometric isomers, and 
        salts of isomers;
            (III) ecgonine, its derivatives, their salts, isomers, and 
        salts of isomers; or
            (IV) any compound, mixture, or preparation which contains 
        any quantity of any of the substances referred to in subclauses 
        (I) through (III);

        (iii) 5 grams or more of a mixture or substance described in 
    clause (ii) which contains cocaine base;
        (iv) 10 grams or more of phencyclidine (PCP) or 100 grams or 
    more of a mixture or substance containing a detectable amount of 
    phencyclidine (PCP);
        (v) 1 gram or more of a mixture or substance containing a 
    detectable amount of lysergic acid diethylamide (LSD);
        (vi) 40 grams or more of a mixture or substance containing a 
    detectable amount of N-phenyl-N- [ 1- ( 2-phenylethyl ) -4-
    piperidinyl ] propanamide or 10 grams or more of a mixture or 
    substance containing a detectable amount of any analogue of N-
    phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
        (vii) 100 kilograms or more of a mixture or substance containing 
    a detectable amount of marihuana, or 100 or more marihuana plants 
    regardless of weight; or
        (viii) 5 grams or more of methamphetamine, its salts, isomers, 
    and salts of its isomers or 50 grams or more of a mixture or 
    substance containing a detectable amount of methamphetamine, its 
    salts, isomers, or salts of its isomers;

such person shall be sentenced to a term of imprisonment which may not 
be less than 5 years and not more than 40 years and if death or serious 
bodily injury results from the use of such substance shall be not less 
than 20 years or more than life, a fine not to exceed the greater of 
that authorized in accordance with the provisions of title 18 or 
$2,000,000 if the defendant is an individual or $5,000,000 if the 
defendant is other than an individual, or both. If any person commits 
such a violation after a prior conviction for a felony drug offense has 
become final, such person shall be sentenced to a term of imprisonment 
which may not be less than 10 years and not more than life imprisonment 
and if death or serious bodily injury results from the use of such 
substance shall be sentenced to life imprisonment, a fine not to exceed 
the greater of twice that authorized in accordance with the provisions 
of title 18 or $4,000,000 if the defendant is an individual or 
$10,000,000 if the defendant is other than an individual, or both. 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.

(Pub. L. 91-513, title II, Sec. 401, Oct. 27, 1970, 84 Stat. 1260; Pub. 
L. 95-633, title II, Sec. 201, Nov. 10, 1978, 92 Stat. 3774; Pub. L. 96-
359, Sec. 8(c), Sept. 26, 1980, 94 Stat. 1194; Pub. L. 98-473, title II, 
Secs. 224(a), 502, 503(b)(1), (2), Oct. 12, 1984, 98 Stat. 2030, 2068, 
2070; Pub. L. 99-570, title I, Secs. 1002, 1003(a), 1004(a), 1005(a), 
1103, title XV, Sec. 15005, Oct. 27, 1986, 100 Stat. 3207-2, 3207-5, 
3207-6, 3207-11, 3702-192; Pub. L. 100-690, title VI, Secs. 6055, 
6254(h), 6452(a), 6470(g), (h), 6479, Nov. 18, 1988, 102 Stat. 4318, 
4367, 4371, 4378, 4381; Pub. L. 101-647, title X, Sec. 1002(e), title 
XII, Sec. 1202, title XXXV, Sec. 3599K, Nov. 29, 1990, 104 Stat. 4828, 
4830, 4932; Pub. L. 103-322, title IX, Sec. 90105(a), (c), title XVIII, 
Sec. 180201(b)(2)(A), Sept. 13, 1994, 108 Stat. 1987, 1988, 2047; Pub. 
L. 104-237, title II, Sec. 206(a), title III, Sec. 302(a), Oct. 3, 1996, 
110 Stat. 3103, 3105; Pub. L. 104-305, Sec. 2(a), (b)(1), Oct. 13, 1996, 
110 Stat. 3807; Pub. L. 105-277, div. E, Sec. 2(a), Oct. 21, 1998, 112 
Stat. 2681-759; Pub. L. 106-172, Secs. 3(b)(1), 5(b), 9, Feb. 18, 2000, 
114 Stat. 9, 10, 13.)

                       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.


                               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, Secs. 90105(c), 180201(b)(2)(A), 
in concluding provisions, inserted ``849,'' before ``859,'' and struck 
out ``For purposes of this subparagraph, the term `felony drug offense' 
means an offense that is a felony under any provision of this subchapter 
or any other Federal law that prohibits or restricts conduct relating to 
narcotic drugs, marihuana, or depressant or stimulant substances or a 
felony under any law of a State or a foreign country that prohibits or 
restricts conduct relating to narcotic drugs, marihuana, or depressant 
or stimulant substances.'' before ``Any sentence under this 
subparagraph''.
    Subsec. (b)(1)(B). Pub. L. 103-322, Sec. 90105(a), in sentence in 
concluding provisions beginning ``If any person commits'', substituted 
``a prior conviction for a felony drug offense has become final'' for 
``one or more prior convictions for an offense punishable under this 
paragraph, or for a felony under any other provision of this subchapter 
or subchapter II of this chapter or other law of a State, the United 
States, or a foreign country relating to narcotic drugs, marihuana, or 
depressant or stimulant substances, have become final''.
    Subsec. (b)(1)(C). Pub. L. 103-322, Sec. 90105(a), in sentence 
beginning ``If any person commits'', substituted ``a prior conviction 
for a felony drug offense has become final'' for ``one or more prior 
convictions for an offense punishable under this paragraph, or for a 
felony under any other provision of this subchapter or subchapter II of 
this chapter or other law of a State, the United States or a foreign 
country relating to narcotic drugs, marihuana, or depressant or 
stimulant substances, have become final''.
    Subsec. (b)(1)(D). Pub. L. 103-322, Sec. 90105(a), in sentence 
beginning ``If any person commits'', substituted ``a prior conviction 
for a felony drug offense has become final'' for ``one or more prior 
convictions of him for an offense punishable under this paragraph, or 
for a felony under any other provision of this subchapter or subchapter 
II of this chapter or other law of a State, the United States, or a 
foreign country relating to narcotic drugs, marihuana, or depressant or 
stimulant substances, have become final''.
    1990--Subsec. (b). Pub. L. 101-647, Sec. 1002(e)(1), substituted 
``section 859, 860, or 861'' for ``section 845, 845a, or 845b'' in 
introductory provisions.
    Subsec. (b)(1)(A). Pub. L. 101-647, Sec. 1002(e)(1), substituted 
``section 859, 860, or 861'' for ``section 845, 845a, or 845b'' in 
concluding provisions.
    Subsec. (b)(1)(A)(ii)(IV). Pub. L. 101-647, Sec. 3599K, substituted 
``any of the substances'' for ``any of the substance''.
    Subsec. (b)(1)(A)(viii). Pub. L. 101-647, Sec. 1202, substituted 
``or 1 kilogram or more of a mixture or substance containing a 
detectable amount of methamphetamine'' for ``or 100 grams or more of a 
mixture or substance containing a detectable amount of 
methamphetamine''.
    Subsec. (b)(1)(B)(ii)(IV). Pub. L. 101-647, Sec. 3599K, substituted 
``any of the substances'' for ``any of the substance''.
    Subsec. (c). Pub. L. 101-647, Sec. 1002(e)(2), directed amendment of 
subsec. (c) by substituting ``section 859, 860, or 861 of this title'' 
for ``section 845, 845a, or 845b of this title''. Subsec. (c) was 
previously repealed by Pub. L. 98-473, Sec. 224(a)(2), as renumbered by 
Pub. L. 99-570, Sec. 1005(a), effective Nov. 1, 1987, and applicable 
only to offenses committed after the taking effect of such amendment. 
See 1984 Amendment note and Effective Date of 1984 Amendment note below.
    1988--Subsec. (b)(1)(A). Pub. L. 100-690, Secs. 6452(a), 6470(g), 
6479(1), inserted ``, or 1,000 or more marihuana plants regardless of 
weight'' in cl. (vii), added cl. (viii), substituted ``a prior 
conviction for a felony drug offense has become final'' for ``one or 
more prior convictions for an offense punishable under this paragraph, 
or for a felony under any other provision of this subchapter or 
subchapter II of this chapter or other law of a State, the United 
States, or a foreign country relating to narcotic drugs, marihuana, or 
depressant or stimulant substances, have become final'' in second 
sentence, and added provisions relating to sentencing for a person who 
violates this subpar. or section 485, 485a, or 485b of this title after 
two or more prior convictions for a felony drug offense have become 
final and defining ``felony drug offense''.
    Subsec. (b)(1)(B). Pub. L. 100-690, Secs. 6470(h), 6479(2), inserted 
``, or 100 or more marihuana plants regardless of weight'' in cl. (vii) 
and added cl. (viii).
    Subsec. (b)(1)(D). Pub. L. 100-690, Sec. 6479(3), substituted ``50 
or more marihuana plants'' for ``100 or more marihuana plants''.
    Subsec. (b)(6). Pub. L. 100-690, Sec. 6254(h), added par. (6).
    Subsec. (d). Pub. L. 100-690, Sec. 6055(a), amended subsec. (d) 
generally. Prior to amendment, subsec. (d) read as follows: ``Any person 
who knowingly or intentionally--
        ``(1) possesses any piperidine with intent to manufacture 
    phencyclidine except as authorized by this subchapter, or
        ``(2) possesses any piperidine knowing, or having reasonable 
    cause to believe, that the piperidine will be used to manufacture 
    phencyclidine except as authorized by this subchapter,
shall be sentenced to a term of imprisonment of not more than 5 years, a 
fine not to exceed the greater of that authorized in accordance with the 
provisions of title 18 or $250,000 if the defendant is an individual or 
$1,000,000 if the defendant is other than an individual, or both.''
    Subsecs. (f), (g). Pub. L. 100-690, Sec. 6055(b), added subsecs. (f) 
and (g).
    1986--Pub. L. 99-570, Sec. 1005(a), amended Pub. L. 98-473, 
Sec. 224(a). See 1984 Amendment note below.
    Subsec. (b). Pub. L. 99-570, Sec. 1103(a), substituted ``, 845a, or 
845b'' for ``or 845a'' in introductory provisions.
    Subsec. (b)(1)(A). Pub. L. 99-570, Sec. 1002(2), amended subpar. (A) 
generally. Prior to amendment, subpar. (A) read as follows: ``In the 
case of a violation of subsection (a) of this section involving--
        ``(i) 100 grams or more of a controlled substance in schedule I 
    or II which is a mixture or substance containing a detectable amount 
    of a narcotic drug other than a narcotic drug consisting of--
            ``(I) coca leaves;
            ``(II) a compound, manufacture, salt, derivative, or 
        preparation of coca leaves; or
            ``(III) a substance chemically identical thereto;
        ``(ii) a kilogram or more of any other controlled substance in 
    schedule I or II which is a narcotic drug;
        ``(iii) 500 grams or more of phencyclidine (PCP); or
        ``(iv) 5 grams or more of lysergic acid diethylamide (LSD);
such person shall be sentenced to a term of imprisonment of not more 
than 20 years, a fine of not more than $250,000, or both. If any person 
commits such a violation after one or more prior convictions of him for 
an offense punishable under this paragraph, or for a felony under any 
other provision of this subchapter or subchapter II of this chapter or 
other law of a State, the United States, or a foreign country relating 
to narcotic drugs, marihuana, or depressant or stimulant substances, 
have become final, such person shall be sentenced to a term of 
imprisonment of not more than 40 years, a fine of not more than 
$500,000, or both''.
    Subsec. (b)(1)(B). Pub. L. 99-570, Sec. 1002(2), amended subpar. (B) 
generally. Prior to amendment, subpar. (B) read as follows: ``In the 
case of a controlled substance in schedule I or II except as provided in 
subparagraphs (A) and (C),, such person shall be sentenced to a term of 
imprisonment of not more than 15 years, a fine of not more than 
$125,000, or both. If any person commits such a violation after one or 
more prior convictions of him for an offense punishable under this 
paragraph, or for a felony under any other provision of this subchapter 
or subchapter II of this chapter or other law of a State, the United 
States, or a foreign country relating to narcotic drugs, marihuana, or 
depressant or stimulant substances, have become final, such person shall 
be sentenced to a term of imprisonment of not more than 30 years, a fine 
of not more than $250,000, or both. Any sentence imposing a term of 
imprisonment under this paragraph shall, in the absence of such a prior 
conviction, impose a special parole term of at least 3 years in addition 
to such term of imprisonment and shall, if there was such a prior 
conviction, impose a special parole term of at least 6 years in addition 
to such term of imprisonment.''
    Subsec. (b)(1)(C). Pub. L. 99-570, Sec. 1002(2), added subpar. (C). 
Former subpar. (C) redesignated (D).
    Subsec. (b)(1)(D). Pub. L. 99-570, Sec. 1004(a), substituted ``term 
of supervised release'' for ``special parole term'' in two places.
    Pub. L. 99-570, Secs. 1002(1), 1003(a)(1), redesignated former 
subpar. (C) as (D), substituted ``a fine not to exceed the greater of 
that authorized in accordance with the provisions of title 18 or 
$250,000 if the defendant is an individual or $1,000,000 if the 
defendant is other than an individual'' for ``a fine of not more than 
$50,000'' and ``a fine not to exceed the greater of twice that 
authorized in accordance with the provisions of title 18 or $500,000 if 
the defendant is an individual or $2,000,000 if the defendant is other 
than an individual'' for ``a fine of not more than $100,000'', and 
inserted ``except in the case of 100 or more marihuana plants regardless 
of weight,''.
    Subsec. (b)(2). Pub. L. 99-570, Sec. 1004(a), substituted ``term of 
supervised release'' for ``special parole term'' in two places.
    Pub. L. 99-570, Sec. 1003(a)(2), substituted ``a fine not to exceed 
the greater of that authorized in accordance with the provisions of 
title 18 or $250,000 if the defendant is an individual or $1,000,000 if 
the defendant is other than an individual'' for ``a fine of not more 
than $25,000'' and ``a fine not to exceed the greater of twice that 
authorized in accordance with the provisions of title 18 or $500,000 if 
the defendant is an individual or $2,000,000 if the defendant is other 
than an individual'' for ``a fine of not more than $50,000''.
    Subsec. (b)(3). Pub. L. 99-570, Sec. 1003(a)(3), substituted ``a 
fine not to exceed the greater of that authorized in accordance with the 
provisions of title 18 or $100,000 if the defendant is an individual or 
$250,000 if the defendant is other than an individual'' for ``a fine of 
not more than $10,000'' and ``a fine not to exceed the greater of twice 
that authorized in accordance with the provisions of title 18 or 
$200,000 if the defendant is an individual or $500,000 if the defendant 
is other than an individual'' for ``a fine of not more than $20,000''.
    Subsec. (b)(4). Pub. L. 99-570, Sec. 1003(a)(4), which directed the 
substitution of ``1(D)'' for ``1(C)'' was executed by substituting 
``(1)(D)'' for ``(1)(C)'' as the probable intent of Congress.
    Subsec. (b)(5). Pub. L. 99-570, Sec. 1003(a)(5), amended par. (5) 
generally. Prior to amendment, par. (5) read as follows: 
``Notwithstanding paragraph (1), any person who violates subsection (a) 
of this section by cultivating a controlled substance on Federal 
property shall be fined not more than--
        ``(A) $500,000 if such person is an individual; and
        ``(B) $1,000,000 if such person is not an individual.''
    Subsec. (c). Pub. L. 99-570, Sec. 1004(a), substituted ``term of 
supervised release'' for ``special parole term'' wherever appearing, 
effective Nov. 1, 1987, the effective date of the repeal of subsec. (c) 
by Pub. L. 98-473, Sec. 224(a)(2). See 1984 Amendment note below.
    Pub. L. 99-570, Sec. 1103(b), substituted ``, 845a, or 845b'' for 
``845a'' in two places.
    Subsec. (d). Pub. L. 99-570, Sec. 1003(a)(6), substituted ``a fine 
not to exceed the greater of that authorized in accordance with the 
provisions of title 18 or $250,000 if the defendant is an individual or 
$1,000,000 if the defendant is other than an individual'' for ``a fine 
of not more than $15,000''.
    Subsec. (e). Pub. L. 99-570, Sec. 15005, added subsec. (e).
    1984--Subsec. (b). Pub. L. 98-473, Sec. 503(b)(1), inserted 
reference to section 845a of this title in provisions preceding par. 
(1)(A).
    Pub. L. 98-473, Sec. 224(a)(1)-(3), (5), which directed amendment of 
this subsection effective Nov. 1, 1987 (see section 235(a)(1) of Pub. L. 
98-473 set out as an Effective Date note under section 3551 of Title 18, 
Crimes and Criminal Procedure) was repealed by Pub. L. 99-570, 
Sec. 1005(a), and the remaining pars. (4) and (6) of Pub. L. 98-473, 
Sec. 224(a), were redesignated as pars. (1) and (2), respectively.
    Subsec. (b)(1)(A). Pub. L. 98-473, Sec. 502(1)(A), added subpar. 
(A). Former subpar. (A) redesignated (B).
    Subsec. (b)(1)(B). Pub. L. 98-473, Sec. 502(1)(A), (B), redesignated 
former subpar. (A) as (B), substituted ``except as provided in 
subparagraphs (A) and (C),'' for ``which is a narcotic drug'', 
``$125,000'' for ``$25,000'', and ``$250,000'' for ``$50,000'', and 
inserted references to laws of a State and a foreign country. Former 
subpar. (B) redesignated (C).
    Subsec. (b)(1)(C). Pub. L. 98-473, Sec. 502(1)(A), (C), redesignated 
former subpar. (B) as (C), substituted ``less than 50 kilograms of 
marihuana, 10 kilograms of hashish, or one kilogram of hashish oil'' for 
``a controlled substance in schedule I or II which is not a narcotic 
drug'', ``and (5)'' for ``, (5), and (6)'', ``$50,000'' for ``$15,000'', 
and ``$100,000'' for ``$30,000'', and inserted references to laws of a 
State and a foreign country.
    Subsec. (b)(2). Pub. L. 98-473, Sec. 502(2), substituted ``$25,000'' 
for ``$10,000'' and ``$50,000'' for ``$20,000'', and inserted references 
to laws of a State or of a foreign country.
    Subsec. (b)(3). Pub. L. 98-473, Sec. 502(3), substituted ``$10,000'' 
for ``$5,000'' and ``$20,000'' for ``$10,000'', and inserted references 
to laws of a State or of a foreign country.
    Subsec. (b)(4). Pub. L. 98-473, Sec. 502(4), substituted ``(1)(C)'' 
for ``(1)(B)''.
    Pub. L. 98-473, Sec. 224(a)(1), as renumbered by Pub. L. 99-570, 
Sec. 1005(a), substituted ``in section 844 of this title and section 
3607 of title 18'' for ``in subsections (a) and (b) of section 844 of 
this title''.
    Subsec. (b)(5). Pub. L. 98-473, Sec. 502(5), (6), added par. (5) and 
struck out former par. (5) which related to penalties for manufacturing, 
etc., phencyclidine.
    Subsec. (b)(6). Pub. L. 98-473, Sec. 502(5), struck out par. (6) 
which related to penalties for violations involving a quantity of 
marihuana exceeding 1,000 pounds.
    Subsec. (c). Pub. L. 98-473, Sec. 224(a)(2), as renumbered by Pub. 
L. 99-570, Sec. 1005(a), struck out subsec. (c) which read as follows: 
``A special parole term imposed under this section or section 845, 845a, 
or 845b of this title may be revoked if its terms and conditions are 
violated. In such circumstances the original term of imprisonment shall 
be increased by the period of the special parole term and the resulting 
new term of imprisonment shall not be diminished by the time which was 
spent on special parole. A person whose special parole term has been 
revoked may be required to serve all or part of the remainder of the new 
term of imprisonment. A special parole term provided for in this section 
or section 845, 845a, or 845b of this title shall be in addition to, and 
not in lieu of, any other parole provided for by law.''
    Pub. L. 98-473, Sec. 503(b)(2), inserted reference to section 845a 
of this title in two places.
    1980--Subsec. (b)(1)(B). Pub. L. 96-359, Sec. 8(c)(1), inserted 
reference to par. (6) of this subsection.
    Subsec. (b)(6). Pub. L. 96-359, Sec. 8(c)(2), added par. (6).
    1978--Subsec. (b)(1)(B). Pub. L. 95-633, Sec. 201(1), inserted ``, 
except as provided in paragraphs (4) and (5) of this subsection,'' after 
``such person shall''.
    Subsec. (b)(5). Pub. L. 95-633, Sec. 201(2), added par. (5).
    Subsec. (d). Pub. L. 95-633, Sec. 201(3), added subsec. (d).


                    Effective Date of 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.

                  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.
