
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC843]

 
                        TITLE 21--FOOD AND DRUGS
 
              CHAPTER 13--DRUG ABUSE PREVENTION AND CONTROL
 
                  SUBCHAPTER I--CONTROL AND ENFORCEMENT
 
                     Part D--Offenses and Penalties
 
Sec. 843. Prohibited acts C


(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 \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 \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 \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 \1\ I controlled substance.
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    \1\ So in original. Probably should not be capitalized.
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(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.

(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, Secs. 203(a), 206(b), Oct. 3, 1996, 110 Stat. 3102, 3103.)

                       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.


                               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.

                  Section Referred to in Other Sections

    This section is referred to in section 864 of this title.
