Title 21 United States Code – Food and Drugs 

Chapter 13 – Drug Abuse Prevention and Control 

Subchapter I – Control and Enforcement 

Part A – INTRODUCTORY PROVISIONS 

• § 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 Repealed.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. 

• (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. 

• § 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; nondisclosure; exceptions. 

PART D - OFFENSES AND PENALTIES 

• § 841. Prohibited acts A. 

• (a) Unlawful acts. 

• (b) Penalties. 

• (c) Repealed. 

• (d) Offenses involving listed chemicals. 

• (e) Boobytraps on Federal property; penalties; ''boobytrap'' defined. 

• (f) Ten-year injunction as additional penalty. 

• (g) 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. 

• § 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. 

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) Cooperation 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. 

PART A - INTRODUCTORY PROVISIONS 

Sec. 801. Congressional findings and declarations: controlled substances 

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. 

Sec. 801a. Congressional findings and declarations: psychotropic substances 
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. 

Sec. 802. Definitions 

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 addictionforming 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 (B), 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) 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) 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 24 grams of pseudoephedrine or 24 

grams of phenylpropanolamine in a single transaction; 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. 

PART B - AUTHORITY TO CONTROL; STANDARDS AND SCHEDULES 

Sec. 811. Authority and criteria for classification of substances 

• (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 [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. 

[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. 

Sec. 812. Schedules of controlled substances 

• (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 [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: 

• (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. [2] [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 [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. 

[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. 
Footnotes 

[1] Revised schedules are published in the Code of Federal Regulations, Part 1308 of 

Title 21, Food and Drugs. SCHEDULE I 

Sec. 813. Treatment of controlled substance analogues 

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. 

Sec. 814. Removal of exemption of certain drugs 

• (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. 
PART C - REGISTRATION OF MANUFACTURERS, DISTRIBUTORS, AND 

DISPENSERS OF CONTROLLED SUBSTANCES 

Sec. 821. Rules and regulations 

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. 

Sec. 822. Persons required to register 

• (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) [1] of this title. 

• (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. 

Footnotes 

[1] See References in Text note below.

Sec. 823. Registration requirements 

• (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 

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) 

• (1) 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; 

• (2) if the Attorney General determines that the applicant will 

comply with standards established by the Attorney General 

respecting (A) security of stocks of narcotic drugs for such 

treatment, and (B) the maintenance of records (in accordance with 

section 827 of this title) on such drugs; and 

(3) 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. 

• (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. 
Sec. 824. Denial, revocation, or suspension of registration 

• (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) 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) 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) 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. 

Sec. 825. Labeling and packaging 

• (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. 

Sec. 826. Production quotas for controlled substances 

• (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. 

Sec. 827. Records and reports of registrants 

• (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. 
Sec. 828. Order forms 

• (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. 

Sec. 829. Prescriptions 

• (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. 

Sec. 830. Regulation of listed chemicals and certain machines 

• (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) Each regulated person who engages in a 

transaction with a nonregulated person 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. 

• (B) 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. 

• (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. 
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 Npheny 

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 Npheny 

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, or 1 gram of 

flunitrazepam, except as provided in subparagraphs (A), 

• () In the case of a controlled substance in schedule I or II, or 

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, 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 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) Repealed. Pub. L. 98-473, title II, Sec. 224(a)(2), formerly 

Sec. 224(a)(6), Oct. 12, 1984, 98 Stat. 2030, as renumbered by 

Pub. L. 99-570, title I, Sec. 1005(a)(2), Oct. 27, 1986, 100 

Stat. 3207-6 

• (d) 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. 

• (e) 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. 

• (f) 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. 

• (g) 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. 
Sec. 842. Prohibited acts B 

• (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. 

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 

• (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. 

Footnotes 

[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. 

[1] So in original. Probably should not be capitalized.
Sec. 844. Penalties for simple possession 

• (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 

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

substances 

• (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 [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. 

• (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. 

Footnotes 

[1] So in original. Probably should be ''section''.
Sec. 846. Attempt and conspiracy 

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. 

Sec. 847. Additional penalties 

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. 

Sec. 848. Continuing criminal enterprise 

• (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), [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. 

[1] So in original. Probably should be paragraph ''(1)(B),''. 

• (g) [2] Hearing required with respect to death penalty [2] So in original. Section does not contain a subsec. 
• () [2] Hearing required with respect to death penalty 

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. 

Sec. 849. Transportation safety offenses 

• (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) [1] of this section) subject to - 

• (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) [2] of this section have become final is subject to 

- 

• (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. 

Footnotes 

[1] So in original. Probably should be subsection ''(c)''.

[2] So in original. Probably should be subsection ''(b)''.

Sec. 850. Information for sentencing 

Except as otherwise provided in this subchapter or section 242a(a) 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. 

Sec. 851. Proceedings to establish prior convictions 

• (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. 

Sec. 852. Application of treaties and other international agreements 

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. 

Sec. 853. Criminal forfeitures 

• (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. 

• (4) ORDER TO REPATRIATE AND DEPOSIT- 

• (A) IN GENERAL- Pursuant to its authority to enter a pretrial 

restraining order under this section, the court may order a defendant to 

repatriate any property that may be seized and forfeited, and to deposit 

that property pending trial in the registry of the court, or with the United 

States Marshals Service or the Secretary of the Treasury, in an 

interest-bearing account, if appropriate. 

• (B) FAILURE TO COMPLY- Failure to comply with an order under this 

subsection, or an order to repatriate property under subsection (p), 

shall be punishable as a civil or criminal contempt of court, and may 

also result in an enhancement of the sentence of the defendant under 

the obstruction of justice provision of the Federal Sentencing 

Guidelines. 

• (f) Warrant of seizure 

The Government may request the issuance of a warrant authorizing the seizure 

of property subject to forfeiture under this section in the same manner as 

provided for a search warrant. If the court determines that there is probable 

cause to believe that the property to be seized would, in the event of conviction, 

be subject to forfeiture and that an order under subsection (e) of this section may 

not be sufficient to assure the availability of the property for forfeiture, the court 

shall issue a warrant authorizing the seizure of such property. 

• (g) Execution 

Upon entry of an order of forfeiture under this section, the court shall authorize 
the Attorney General to seize all property ordered forfeited upon such terms and 

conditions as the court shall deem proper. Following entry of an order declaring 

the property forfeited, the court may, upon application of the United States, enter 

such appropriate restraining orders or injunctions, require the execution of 

satisfactory performance bonds, appoint receivers, conservators, appraisers, 

accountants, or trustees, or take any other action to protect the interest of the 

United States in the property ordered forfeited. Any income accruing to or derived 

from property ordered forfeited under this section may be used to offset ordinary 

and necessary expenses to the property which are required by law, or which are 

necessary to protect the interests of the United States or third parties. 

• (h) Disposition of property 

Following the seizure of property ordered forfeited under this section, the 

Attorney General shall direct the disposition of the property by sale or any other 

commercially feasible means, making due provision for the rights of any innocent 

persons. Any property right or interest not exercisable by, or transferable for 

value to, the United States shall expire and shall not revert to the defendant, nor 

shall the defendant or any person acting in concert with him or on his behalf be 

eligible to purchase forfeited property at any sale held by the United States. Upon 

application of a person, other than the defendant or a person acting in concert 

with him or on his behalf, the court may restrain or stay the sale or disposition of 

the property pending the conclusion of any appeal of the criminal case giving rise 

to the forfeiture, if the applicant demonstrates that proceeding with the sale or 

disposition of the property will result in irreparable injury, harm, or loss to him. 

• (i) Authority of the Attorney General 

With respect to property ordered forfeited under this section, the Attorney 

General is authorized to - 

• (1) grant petitions for mitigation or remission of forfeiture, 

restore forfeited property to victims of a violation of this 

subchapter, or take any other action to protect the rights of 

innocent persons which is in the interest of justice and which is 

not inconsistent with the provisions of this section; 

• (2) compromise claims arising under this section; 

• (3) award compensation to persons providing information 

resulting in a forfeiture under this section; 

• (4) direct the disposition by the United States, in accordance 

with the provisions of section 881(e) of this title, of all 

property ordered forfeited under this section by public sale or 

any other commercially feasible means, making due provision for 

the rights of innocent persons; and 

(5) take appropriate measures necessary to safeguard and 

maintain property ordered forfeited under this section pending 

its disposition. 

• (j) Applicability of civil forfeiture provisions 

Except to the extent that they are inconsistent with the provisions of this 

section, the provisions of section 881(d) of this title shall apply to a criminal 

forfeiture under this section. 
• (k) Bar on intervention 

Except as provided in subsection (n) of this section, no party claiming an 

interest in property subject to forfeiture under this section may - 

• (1) intervene in a trial or appeal of a criminal case involving 

the forfeiture of such property under this section; or 

• (2) commence an action at law or equity against the United 

States concerning the validity of his alleged interest in the 

property subsequent to the filing of an indictment or information 

alleging that the property is subject to forfeiture under this 

section. 

• (l) Jurisdiction to enter orders 

The district courts of the United States shall have jurisdiction to enter orders 

as provided in this section without regard to the location of any property which 

may be subject to forfeiture under this section or which has been ordered 

forfeited under this section. 

• (m) Depositions 

In order to facilitate the identification and location of property declared 

forfeited and to facilitate the disposition of petitions for remission or mitigation 

of forfeiture, after the entry of an order declaring property forfeited to the 

United States, the court may, upon application of the United States, order that 

the testimony of any witness relating to the property forfeited be taken by 

deposition and that any designated book, paper, document, record, recording, 

or other material not privileged be produced at the same time and place, in 

the same manner as provided for the taking of depositions under Rule 15 of 

the Federal Rules of Criminal Procedure. 

• (n) Third party interests 

• (1) Following the entry of an order of forfeiture under this section, the 

United States shall publish notice of the order and of its intent to dispose 

of the property in such manner as the Attorney General may direct. The 

Government may also, to the extent practicable, provide direct written 

notice to any person known to have alleged an interest in the property that 

is the subject of the order of forfeiture as a substitute for published notice 

as to those persons so notified. 

• (2) Any person, other than the defendant, asserting a legal interest in 

property which has been ordered forfeited to the United States pursuant to 

this section may, within thirty days of the final publication of notice or his 

receipt of notice under paragraph (1), whichever is earlier, petition the 

court for a hearing to adjudicate the validity of his alleged interest in the 

property. The hearing shall be held before the court alone, without a jury. 

• (3) The petition shall be signed by the petitioner under penalty of perjury 

and shall set forth the nature and extent of the petitioner's right, title, or 

interest in the property, the time and circumstances of the petitioner's 

acquisition of the right, title, or interest in the property, any additional facts 

supporting the petitioner's claim, and the relief sought. 

• (4) The hearing on the petition shall, to the extent practicable and 

consistent with the interests of justice, be held within thirty days of the 
filing of the petition. The court may consolidate the hearing on the petition 

with a hearing on any other petition filed by a person other than the 

defendant under this subsection. 

• (5) At the hearing, the petitioner may testify and present evidence and 

witnesses on his own behalf, and cross-examine witnesses who appear at 

the hearing. The United States may present evidence and witnesses in 

rebuttal and in defense of its claim to the property and cross-examine 

witnesses who appear at the hearing. In addition to testimony and 

evidence presented at the hearing, the court shall consider the relevant 

portions of the record of the criminal case which resulted in the order of 

forfeiture. 

• (6) If, after the hearing, the court determines that the petitioner has 

established by a preponderance of the evidence that - 

• (A) the petitioner has a legal right, title, or interest in the 

property, and such right, title, or interest renders the order of 

forfeiture invalid in whole or in part because the right, title, 

or interest was vested in the petitioner rather than the 

defendant or was superior to any right, title, or interest of the 

defendant at the time of the commission of the acts which gave 

rise to the forfeiture of the property under this section; or 

• (B) the petitioner is a bona fide purchaser for value of the 

right, title, or interest in the property and was at the time of 

purchase reasonably without cause to believe that the property 

was subject to forfeiture under this section; the court shall amend 

the order of forfeiture in accordance with its determination. 

• (7) Following the court's disposition of all petitions filed under this 

subsection, or if no such petitions are filed following the expiration of the 

period provided in paragraph (2) for the filing of such petitions, the United 

States shall have clear title to property that is the subject of the order of 

forfeiture and may warrant good title to any subsequent purchaser or 

transferee. 

• (o) Construction 

The provisions of this section shall be liberally construed to effectuate its 

remedial purposes. 

• (p) Forfeiture of substitute property 

(1) IN GENERAL- Paragraph (2) of this subsection shall apply, if any 

property described in subsection (a), as a result of any act or omission of 

the defendant--

 (A) cannot be located upon the exercise of due diligence; 

 (B) has been transferred or sold to, or deposited with, a third party; 

 (C) has been placed beyond the jurisdiction of the court; 

 (D) has been substantially diminished in value; or 

 (E) has been commingled with other property which cannot be 

divided without difficulty.
(2) SUBSTITUTE PROPERTY- In any case described in any of 

subparagraphs (A) through (E) of paragraph (1), the court shall order the 

forfeiture of any other property of the defendant, up to the value of any 

property described in subparagraphs (A) through (E) of paragraph (1), as 

applicable. 

 (3) RETURN OF PROPERTY TO JURISDICTION- In the case of property 

described in paragraph (1)(C), the court may, in addition to any other 

action authorized by this subsection, order the defendant to return the 

property to the jurisdiction of the court so that the property may be seized 

and forfeited. 

 

• (q) Restitution for cleanup of clandestine laboratory sites 

The court, when sentencing a defendant convicted of an offense under this 

subchapter or subchapter II of this chapter involving the manufacture of 

methamphetamine, may - 

• (1) order restitution as provided in sections 3612 and 3664 of 

title 18; 

 (2) order the defendant to reimburse the United States for the 

 costs incurred by the United States for the cleanup associated 

 with the manufacture of methamphetamine by the defendant; and 

 (3) order restitution to any person injured as a result of the 

 offense as provided in section 3663 of title 18. 

Sec. 854. Investment of illicit drug profits 

• (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. 

Sec. 855. Alternative fine 

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. 

Sec. 856. Establishment of manufacturing operations 

• (a) 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) 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 

Sec. 858. Endangering human life while illegally manufacturing controlled 

substance 

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. 

Sec. 859. Distribution to persons under age twenty-one 

• (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. 

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

• (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. 
Sec. 861. Employment or use of persons under 18 years of age in drug operations 

• (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 [1] 

• (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 [2] until the individual has served the mandatory term of 

imprisonment as enhanced by this section. 

• (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), 

• () Distribution of controlled substance to pregnant individual 

Footnotes 

[1] So in original. Probably should be followed by a dash.

[2] See References in Text note below.

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

• (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. 

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

• (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. 

Sec. 862b. Sanctioning for testing positive for controlled substances 

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. 

Sec. 863. Drug paraphernalia 

• (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, or amphetamines into the human body, such as - 

• (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. 

Footnotes 

[1] So in original. Probably should be ''marihuana,''.

PART E - ADMINISTRATIVE AND ENFORCEMENT PROVISIONS 

Sec. 871. Attorney General 

• (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 devices, bequests, gifts, and donations 

The Attorney General may accept in the name of the Department of Justice any 

form of device, 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. 

Sec. 872. Education and research programs of Attorney General 

• (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. 

Sec. 872a. Public-private education program 

• (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. 

Sec. 873. Cooperative arrangements 

• (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. [1] 

• (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. 

Footnotes 

[1] See References in Text note below.

Sec. 874. Advisory committees 

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. 

Sec. 875. Administrative hearings 

• (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. 

Sec. 876. Subpenas 

• (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. 

Sec. 877. Judicial review 

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. 

Sec. 878. Powers of enforcement personnel 

• (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. 

Sec. 879. Search warrants 

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. 

Sec. 880. Administrative inspections and warrants 

• (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. 

Sec. 881. Forfeitures 

(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). 

 (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, United 

States Code. 

(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 Drug Enforcement Administration 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 title 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) The provisions of section 981(g) of title 18, United States Code, 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) Agreement between Attorney General and Postal Service for performance of 

functions 

 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. 

Sec. 882. Injunctions 

• (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. 

Sec. 883. Enforcement proceedings 

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. 

Sec. 884. Immunity and privilege 

• (a) Refusal to testify 

Whenever a witness refuses, on the basis of his privilege against selfincrimination, 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. 

Sec. 885. Burden of proof; liabilities 

• (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. 

Sec. 886. Payments and advances 

• (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. [1] 

• (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. 

Footnotes 

[1] See Codification note below.

Sec. 886a. Diversion Control Fee Account 

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. 

Sec. 887. Coordination and consolidation of post-seizure administration 

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 postseizure administration of property seized under this subchapter, subchapter II of this 

chapter, or provisions of the customs laws relating to controlled substances. 

Sec. 888. REPEALED Expedited procedures for seized conveyances 

• (a) Petition for expedited decision; determination 
• (1) The owner of a conveyance may petition the Attorney General for an 

expedited decision with respect to the conveyance, if the conveyance is 

seized for a drug-related offense and the owner has filed the requisite 

claim and cost bond in the manner provided in section 1608 of title 19. 

The Attorney General shall make a determination on a petition under this 

section expeditiously, including a determination of any rights or defenses 

available to the petitioner. If the Attorney General does not grant or deny a 

petition under this section within 20 days after the date on which the 

petition is filed, the conveyance shall be returned to the owner pending 

further forfeiture proceedings. 

• (2) With respect to a petition under this section, the Attorney General may 

- 

• (A) deny the petition and retain possession of the conveyance; 

• (B) grant the petition, move to dismiss the forfeiture action, 

if filed, and promptly release the conveyance to the owner; or 

• (C) advise the petitioner that there is not adequate 

information available to determine the petition and promptly 

release the conveyance to the owner. 

• (3) Release of a conveyance under subsection (a)(1) or (a)(2)(C) of this 

section does not affect any forfeiture action with respect to the 

conveyance. 

• (4) The Attorney General shall prescribe regulations to carry out this 

section. 

• (b) Written notice of procedures 

At the time of seizure, 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. 

• (c) Complaint for forfeiture 

Not later than 60 days after a claim and cost bond have been filed under section 

1608 of title 19 regarding a conveyance seized for a drug-related offense, the

Attorney General shall file a complaint for forfeiture in the appropriate district 

court, except that the court may extend the period for filing for good cause shown 

or on agreement of the parties. If the Attorney General does not file a complaint 

as specified in the preceding sentence, the court shall order the return of the 

conveyance to the owner and the forfeiture may not take place. 

• (d) Bond for release of conveyance 

Any owner of a conveyance seized for a drug-related offense may obtain release 

of the conveyance by providing security in the form of a bond to the Attorney 

General in an amount equal to the value of the conveyance unless the Attorney 

General determines the conveyance should be retained (1) as contraband, (2) as 

evidence of a violation of law, or (3) because, by reason of design or other 

characteristic, the conveyance is particularly suited for use in illegal activities. 
Sec. 889. Production control of controlled substances 

• (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. 

Sec. 890. Review of Federal sales of chemicals usable to manufacture controlled 

substances 

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. 

PART F - GENERAL PROVISIONS 

Sec. 901. Severability 

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. 

Sec. 902. Savings provisions 

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.). 

Sec. 903. Application of State law 

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. 

Sec. 904. Payment of tort claims 

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. 

SUBCHAPTER II - IMPORT AND EXPORT 

Sec. 951. Definitions 

• (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. 

Sec. 952. Importation of controlled substances 

• (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. 

Sec. 953. Exportation of controlled substances 

• (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. 

Sec. 954. Transshipment and in-transit shipment of controlled substances 

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

States 

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. 

Sec. 956. Exemption authority 

• (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. 

Sec. 957. Persons required to register 

• (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) [1] of this title and in 

conformity with an exemption granted under section 956(a) of this 

title. 

• (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. 

Footnotes 

[1] See References in Text note below.

Sec. 958. Registration requirements 

• (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. 

Sec. 959. Possession, manufacture, or distribution of controlled substance 

• (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. 

Sec. 960. Prohibited acts A 

• (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 Npheny 

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. [1] 

• (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 Npheny 

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. [2] 

• (3) In the case of a violation under subsection (a) of this section involving 

a controlled substance in schedule I or II, 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, [3] (except a violation 

involving flunitrazepam) 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. 

[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. [4] 

Footnotes 

[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] 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. 

[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. 

Sec. 961. Prohibited acts B 

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. 

Sec. 962. Second or subsequent offenses 

• (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. 

Sec. 963. Attempt and conspiracy 

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. 

Sec. 964. Additional penalties 

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. 

Sec. 965. Applicability of part E of subchapter I 

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. 

Sec. 966. Authority of Secretary of the Treasury 

Nothing in this chapter shall derogate from the authority of the Secretary of the Treasury 

under the customs and related laws. 

Sec. 967. Smuggling of controlled substances; investigations; oaths; subpenas; 

witnesses; evidence; production of records; territorial limits; fees and mileage of 

witnesses 

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. 

Sec. 968. Service of subpena; proof of service 

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. 

Sec. 969. Contempt proceedings 

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. 

Sec. 970. Criminal forfeitures 

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. 

Sec. 971. Notification, suspension of shipment, and penalties with respect to 

importation and exportation of listed chemicals 
• (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.