102 
or to the advantage of any foreign power, or attempts or con-
spires to do so, shall be fined under this title or imprisoned not 
more than 20 years, or both. 
‘‘(b) DEFINITIONS.—In this section— 
‘‘(1) the term ‘protected information’ means any classi-
fied information or any Restricted Data (as defined for the 
purposes of the Atomic Energy Act of 1954); 
‘‘(2) the term ‘classified information’ means information 
which, at the time of a violation of this section, is, for rea-
sons of national security, specifically designated by a 
United States Government authority for limited or re-
stricted dissemination or distribution— 
‘‘(A) concerning the nature, preparation, or use of 
any code, cipher, or cryptographic system of the United 
States or any foreign power; 
‘‘(B) concerning the design, construction, use, main-
tenance, or repair of any device, apparatus, or appli-
ance used or prepared or planned for use by the United 
States or any foreign power for cryptographic or com-
munication intelligence purposes; 
‘‘(C) concerning the communication intelligence ac-
tivities of the United States or any foreign power; or 
‘‘(D) obtained by the processes of communication in-
telligence from the communications of any foreign 
power, knowing the same to have been obtained by 
such processes; and 
‘‘(3) the terms ‘code’, ‘cipher’, and ‘cryptographic sys-
tem’ include any method of secret writing and any mechan-
ical or electrical device or method used for the purpose of 
disguising or concealing the contents, significance, or 
meanings of communications. 
‘‘SUBCHAPTER F—IMMIGRATION AND NATIONALITY 
‘‘Sec. 
‘‘311.
False statement in application and use of passport. 
‘‘312.
Forgery or false use of passport. 
‘‘313.
Misuse of passport. 
‘‘314.
Fraud and misuse of visas, permits, and other documents. 
‘‘315.
Procurement of citizenship or naturalization unlawfully. 
‘‘316.
Sale of naturalization or citizenship papers. 
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‘‘317.
Penalties related to removal. 
‘‘318.
Bringing in and harboring certain aliens. 
‘‘319.
Entry of alien at improper time or place; misrepresentation and con-
cealment of facts. 
‘‘320.
Reentry of removed alien. 
‘‘321.
Aiding or assisting certain aliens to enter the United States. 
‘‘322.
Increased penalty for certain terrorism related offenses. 
‘‘§ 311. False statement in application and use of 
passport 
‘‘Whoever— 
‘‘(1) knowingly makes any false statement in an applica-
tion for passport with intent to induce or secure the 
issuance of a passport under the authority of the United 
States, either for his own use or the use of another, con-
trary to the laws regulating the issuance of passports or 
the rules prescribed pursuant to such laws; or 
‘‘(2) knowingly uses or attempts to use, or furnishes to 
another for use any passport the issue of which was se-
cured in any way by reason of any false statement; 
shall be imprisoned not more than 15 years. 
‘‘§ 312. Forgery or false use of passport 
‘‘Whoever— 
‘‘(1) falsely makes, forges, counterfeits, mutilates, or al-
ters any passport or instrument purporting to be a pass-
port, with intent that the same may be used; or 
‘‘(2) knowingly uses, or attempts to use, or furnishes to 
another for use any such false, forged, counterfeited, muti-
lated, or altered passport or instrument purporting to be a 
passport, or any passport validly issued which has become 
void by the occurrence of any condition therein prescribed 
invalidating the same; 
shall be imprisoned not more than 15 years. 
‘‘§ 313. Misuse of passport 
‘‘Whoever— 
‘‘(1) knowingly uses, or attempts to use, any passport 
issued or designed for the use of another; 
‘‘(2) knowingly uses or attempts to use any passport in 
violation of the conditions or restrictions therein contained, 
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or of the rules prescribed pursuant to the laws regulating 
the issuance of passports; or 
‘‘(3) knowingly furnishes, disposes of, or delivers a pass-
port to any person, for use by another than the person for 
whose use it was originally issued and designed; 
shall be imprisoned not more than 15 years (in the case of any 
other offense). 
‘‘§ 314. Fraud and misuse of visas, permits, and 
other documents 
‘‘(a) FORGERY AND SIMILAR CONDUCT.—Whoever— 
‘‘(1) knowingly forges, counterfeits, alters, or falsely 
makes any immigrant or nonimmigrant visa, permit, border 
crossing card, alien registration receipt card, or other docu-
ment prescribed by statute or regulation for entry into or 
as evidence of authorized stay or employment in the United 
States, or utters, uses, attempts to use, possesses, obtains, 
accepts, or receives any such visa, permit, border crossing 
card, alien registration receipt card, or other document pre-
scribed by statute or regulation for entry into or as evi-
dence of authorized stay or employment in the United 
States, knowing it to be forged, counterfeited, altered, or 
falsely made, or to have been procured by means of any 
false claim or statement, or to have been otherwise pro-
cured by fraud or unlawfully obtained; 
‘‘(2) except under direction of the Attorney General or 
the Secretary of Homeland Security, or other proper offi-
cer, knowingly possesses any blank permit, or engraves, 
sells, brings into the United States, or has in his control 
or possession any plate in the likeness of a plate designed 
for the printing of permits, or makes any print, photo-
graph, or impression in the likeness of any immigrant or 
nonimmigrant visa, permit or other document required for 
entry into the United States, or has in his possession a dis-
tinctive paper which has been adopted by the Attorney 
General or Secretary of Homeland Security for the printing 
of such visas, permits, or documents; 
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‘‘(3) when applying for an immigrant or nonimmigrant 
visa, permit, or other document required for entry into the 
United States, or for admission to the United States 
personates another, or falsely appears in the name of a de-
ceased individual, or evades or attempts to evade the immi-
gration laws by appearing under an assumed or fictitious 
name without disclosing his true identity, or sells or other-
wise disposes of, or offers to sell or otherwise dispose of, 
or utters, such visa, permit, or other document, to any per-
son not authorized by law to receive such document; or 
‘‘(4) knowingly makes under oath, or as permitted under 
penalty of perjury under section 1746 of title 28, knowingly 
subscribes as true, any false statement with respect to a 
material fact in any application, affidavit, or other docu-
ment required by the immigration laws or regulations pre-
scribed thereunder, or knowingly presents any such applica-
tion, affidavit, or other document which contains any such 
false statement or which fails to contain any reasonable 
basis in law or fact; 
‘‘shall be fined under this title or imprisoned not more than 
15 years. 
‘‘(b) USE OF FORGED OF SIMILAR DOCUMENTS.—Whoever 
uses— 
‘‘(1) an identification document, knowing or having rea-
son to know that the document was not issued lawfully for 
the use of the possessor; 
‘‘(2) an identification document knowing (or having rea-
son to know) that the document is false; or 
‘‘(3) a false attestation, 
for the purpose of satisfying a requirement of section 274A(b) 
of the Immigration and Nationality Act, shall be imprisoned 
not more than 5 years. 
‘‘(c) EXCLUSION.—This section does not prohibit any law-
fully authorized investigative, protective, or intelligence activity 
of a law enforcement agency of the United States, a State, or 
a subdivision of a State, or of an intelligence agency of the 
United States, or any activity authorized under title V of the 
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Organized Crime Control Act of 1970 (18 U.S.C. note prec. 
3481). 
‘‘§ 315. Procurement of citizenship or naturaliza-
tion unlawfully 
‘‘Whoever— 
‘‘(1) knowingly procures or attempts to procure, contrary 
to law, the naturalization of any person, or documentary or 
other evidence of naturalization or of citizenship; or 
‘‘(2) whether for himself or another person not entitled 
thereto, knowingly issues, procures or obtains or applies for 
or otherwise attempts to procure or obtain naturalization, 
or citizenship, or a declaration of intention to become a cit-
izen, or a certificate of arrival or any certificate or evidence 
of nationalization or citizenship, documentary or otherwise, 
or duplicates or copies of any of the foregoing; 
shall be imprisoned not more than 15 years. 
‘‘§ 316. Sale of naturalization or citizenship papers 
‘‘Whoever unlawfully sells or disposes of a declaration of in-
tention to become a citizen, certificate of naturalization, certifi-
cate of citizenship or copies or duplicates or other documentary 
evidence of naturalization or citizenship, shall be imprisoned 15 
years. 
‘‘§ 317. Penalties related to removal 
‘‘(a) PENALTY FOR FAILURE TO DEPART.— 
‘‘(1) IN
GENERAL.—Any alien against whom a final 
order of removal is outstanding by reason of being a mem-
ber of any of the classes described in section 237(a) of the 
Immigration and Nationality Act, who— 
‘‘(A) knowingly fails or refuses to depart from the 
United States within a period of 90 days from the date 
of the final order of removal under administrative proc-
esses, or if judicial review is had, then from the date 
of the final order of the court, 
‘‘(B) knowingly fails or refuses to make timely appli-
cation in good faith for travel or other documents nec-
essary to the alien’s departure, 
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‘‘(C) connives or conspires, or takes any other action, 
designed to prevent or hamper or with the purpose of 
preventing or hampering the alien’s departure pursuant 
to such, or 
‘‘(D) knowingly fails or refuses to present himself or 
herself for removal at the time and place required by 
the Attorney General pursuant to such order, 
shall be imprisoned not more than four years (or 10 years 
if the alien is a member of any of the classes described in 
paragraph (1)(E), (2), (3), or (4) of section 237(a) of the 
Immigration and Nationality Act). 
‘‘(2) EXCEPTION.—It is not a violation of paragraph (1) 
to take any proper steps for the purpose of securing can-
cellation of or exemption from such order of removal or for 
the purpose of securing the alien’s release from incarcer-
ation or custody. 
‘‘(3) SUSPENSION.—The court may for good cause sus-
pend the sentence of an alien under this subsection and 
order the alien’s release under such conditions as the court 
may prescribe. In determining whether good cause has been 
shown to justify releasing the alien, the court shall take 
into account such factors as— 
‘‘(A) the age, health, and period of detention of the 
alien; 
‘‘(B) the effect of the alien’s release upon the na-
tional security and public peace or safety; 
‘‘(C) the likelihood of the alien’s resuming or fol-
lowing a course of conduct which made or would make 
the alien deportable; 
‘‘(D) the character of the efforts made by such alien 
himself and by representatives of the country or coun-
tries to which the alien’s removal is directed to expedite 
the alien’s departure from the United States; 
‘‘(E) the reason for the inability of the Government 
of the United States to secure passports, other travel 
documents, or removal facilities from the country or 
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108 
countries to which the alien has been ordered removed; 
and 
‘‘(F) the eligibility of the alien for discretionary relief 
under the immigration laws. 
‘‘(b) FAILURE TO COMPLY
WITH TERMS
OF RELEASE 
UNDER SUPERVISION.—An alien who knowingly fails to comply 
with regulations or requirements issued pursuant to section 
241(a)(3) of the Immigration and Nationality Act or knowingly 
give false information in response to an inquiry under such sec-
tion shall be imprisoned for not more than one year. 
‘‘(c) PENALTIES RELATING TO VESSELS AND AIRCRAFT.— 
‘‘(1) CIVIL PENALTIES.— 
‘‘(A) FAILURE TO CARRY OUT CERTAIN ORDERS.—If 
the Attorney General is satisfied that a person has vio-
lated subsection (d) or (e) of section 241 of the Immi-
gration and Nationality Act, the person shall pay to the 
Commissioner the sum of $2,000 for each violation. 
‘‘(B) FAILURE TO REMOVE ALIEN STOWAWAYS.—If 
the Attorney General is satisfied that a person has 
failed to remove an alien stowaway as required under 
section 241(d)(2) of the Immigration and Nationality 
Act, the person shall pay to the Commissioner the sum 
of $5,000 for each alien stowaway not removed. 
‘‘(C) NO COMPROMISE.—The Attorney General may 
not compromise the amount of such penalty under this 
paragraph. 
‘‘(2) CLEARING VESSELS AND AIRCRAFT.— 
‘‘(A) CLEARANCE
BEFORE
DECISION
ON
LIABIL-
ITY.—A vessel or aircraft may be granted clearance be-
fore a decision on liability is made under paragraph (1) 
only if a bond approved by the Attorney General or an 
amount sufficient to pay the civil penalty is deposited 
with the Commissioner. 
‘‘(B) PROHIBITION ON CLEARANCE WHILE PENALTY 
UNPAID.—A vessel or aircraft may not be granted 
clearance if a civil penalty imposed under paragraph 
(1) is not paid. 
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109 
‘‘(d) DISCONTINUING GRANTING VISAS TO NATIONALS OF 
COUNTRY DENYING
OR DELAYING ACCEPTING ALIEN.—On 
being notified by the Attorney General that the government of 
a foreign country denies or unreasonably delays accepting an 
alien who is a citizen, subject, national, or resident of that 
country after the Attorney General asks whether the govern-
ment will accept the alien under this section, the Secretary of 
State shall order consular officers in that foreign country to 
discontinue granting immigrant visas or nonimmigrant visas, or 
both, to citizens, subjects, nationals, and residents of that 
country until the Attorney General notifies the Secretary that 
the country has accepted the alien. 
‘‘§ 318. Bringing in and harboring certain aliens 
‘‘(a) CRIMINAL PENALTIES.—(1)(A) Whoever— 
‘‘(i) knowing that a person is an alien, brings to or at-
tempts to bring to the United States in any manner what-
soever such person at a place other than a designated port 
of entry or place other than as designated by the Commis-
sioner, regardless of whether such alien has received prior 
official authorization to come to, enter, or reside in the 
United States and regardless of any future official action 
which may be taken with respect to such alien; 
‘‘(ii) knowing or in reckless disregard of the fact that an 
alien has come to, entered, or remains in the United States 
in violation of law, transports, or moves or attempts to 
transport or move such alien within the United States by 
means of transportation or otherwise, in furtherance of 
such violation of law; 
‘‘(iii) knowing or in reckless disregard of the fact that 
an alien has come to, entered, or remains in the United 
States in violation of law, conceals, harbors, or shields from 
detection, or attempts to conceal, harbor, or shield from de-
tection, such alien in any place, including any building or 
any means of transportation; 
‘‘(iv) encourages or induces an alien to come to, enter, 
or reside in the United States, knowing or in reckless dis-
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110 
regard of the fact that such coming to, entry, or residence 
is or will be in violation of law; or 
‘‘(v) engages in any conspiracy to commit any of the pre-
ceding acts; 
shall be punished as provided in subparagraph (B). 
‘‘(B) Whoever violates subparagraph (A) shall, for each alien 
in respect to whom such a violation occurs— 
‘‘(i) in the case of a violation of subparagraph (A)(i) or 
(v)(I) or in the case of a violation of subparagraph (A)(ii), 
(iii), or (iv) in which the offense was done for the purpose 
of commercial advantage or private financial gain, be im-
prisoned not more than 10 years; 
‘‘(ii) in the case of a violation of subparagraph (A) (ii), 
(iii), (iv), or (v)(II) be imprisoned not more than 5 years; 
‘‘(iii) in the case of a violation of subparagraph (A) (i), 
(ii), (iii), (iv), or (v) during and in relation to which the 
person causes serious bodily injury to, or places in jeopardy 
the life of, any person, be imprisoned not more than 20 
years; and 
‘‘(iv) in the case of a violation of subparagraph (A) (i), 
(ii), (iii), (iv), or (v) resulting in the death of any person, 
be punished by death or imprisoned for any term of years 
or for life. 
‘‘(2) Whoever, knowing or in reckless disregard of the fact 
that an alien has not received prior official authorization to 
come to, enter, or reside in the United States, brings to or at-
tempts to bring to the United States in any manner whatso-
ever, such alien, regardless of any official action which may 
later be taken with respect to such alien shall, for each alien 
in respect to whom a violation of this paragraph occurs— 
‘‘(A) be imprisoned not more than one year; or 
‘‘(B) in the case of— 
‘‘(i) an offense committed with the intent or with 
reason to believe that the alien unlawfully brought into 
the United States will commit an offense against the 
United States or any State punishable by imprisonment 
for more than 1 year, 
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‘‘(ii) an offense done for the purpose of commercial 
advantage or private financial gain, or 
‘‘(iii) an offense in which the alien is not upon ar-
rival immediately brought and presented to an appro-
priate immigration officer at a designated port of 
entry, 
be imprisoned not less than 5 nor more than 15 years. 
‘‘(3)(A) Whoever, during any 12-month period, knowingly 
hires for employment at least 10 individuals with actual knowl-
edge that the individuals are aliens described in subparagraph 
(B) shall be imprisoned for not more than 5 years. 
‘‘(B) An alien described in this subparagraph is an alien 
who— 
‘‘(i) is an unauthorized alien (as defined in section 
274A(h)(3)), and 
‘‘(ii) has been brought into the United States in violation 
of this subsection. 
‘‘(4) In the case of a person who has brought aliens into the 
United States in violation of this subsection, the sentence oth-
erwise provided for may be increased by up to 10 years if— 
‘‘(A) the offense was part of an ongoing commercial or-
ganization or enterprise; 
‘‘(B) aliens were transported in groups of 10 or more; 
and 
‘‘(C)(i) aliens were transported in a manner that endan-
gered their lives; or 
‘‘(ii) the aliens presented a life-threatening health risk to 
people in the United States. 
‘‘(b) AUTHORITY TO ARREST.—No officer or person shall 
have authority to make any arrest for a violation of any provi-
sion of this section except officers and employees of the Service 
designated by the Attorney General, either individually or as a 
member of a class, and all other officers whose duty it is to 
enforce criminal laws. 
‘‘(c) AUDIOVISUALLY PRESERVED DEPOSITIONS.—Notwith-
standing any provision of the Federal Rules of Evidence, the 
videotaped (or otherwise audiovisually preserved) deposition of 
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a witness to a violation of subsection (a) who has been deported 
or otherwise expelled from the United States, or is otherwise 
unable to testify, may be admitted into evidence in an action 
brought for that violation if the witness was available for cross 
examination and the deposition otherwise complies with the 
Federal Rules of Evidence. 
‘‘(d) OUTREACH PROGRAM.—The Secretary of Homeland Se-
curity, in consultation with the Attorney General and the Sec-
retary of State, as appropriate, shall develop and implement an 
outreach program to educate the public in the United States 
and abroad about the penalties for bringing in and harboring 
aliens in violation of this section. 
‘‘§ 319. Entry of alien at improper time or place; 
misrepresentation and concealment of 
facts 
‘‘(a) ENTRY.—Any alien who— 
‘‘(1) enters or attempts to enter the United States at 
any time or place other than as designated by immigration 
officers; 
‘‘(2) eludes examination or inspection by immigration of-
ficers; or 
‘‘(3) attempts to enter or obtains entry to the United 
States by a knowingly false or misleading representation or 
the knowingly concealment of a material fact; 
shall, for the first commission of any such offense, be impris-
oned not more than 6 months, and, for a subsequent commis-
sion of any such offense, be imprisoned not more than 2 years. 
‘‘(b) APPREHENSION WHILE ENTERING.—Any alien who is 
apprehended while entering (or attempting to enter) the United 
States at a time or place other than as designated by immigra-
tion officers shall be subject to a civil penalty of— 
‘‘(1) at least $50 and not more than $250 for each such 
entry (or attempted entry); or 
‘‘(2) twice the amount specified in paragraph (1) in the 
case of an alien who has been previously subject to a civil 
penalty under this subsection. 
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Civil penalties under this subsection are in addition to, and not 
in lieu of, any criminal or other civil penalties that may be im-
posed. 
‘‘(c) MARRIAGE.—An individual who knowingly enters into a 
marriage for the purpose of evading any provision of the immi-
gration laws shall be imprisoned for not more than 5 years. 
‘‘(d) COMMERCIAL ENTERPRISE.—Whoever knowingly estab-
lishes a commercial enterprise for the purpose of evading any 
provision of the immigration laws shall be imprisoned for not 
more than 5 years. 
‘‘§ 320. Reentry of removed alien 
‘‘(a) OFFENSE.—Subject to subsection (b), any alien who— 
‘‘(1) has been denied admission, excluded, deported, or 
removed or has departed the United States while an order 
of exclusion, deportation, or removal is outstanding; and 
‘‘(2) thereafter enters, attempts to enter, or is at any 
time found in, the United States, unless (A) prior to his 
reembarkation at a place outside the United States or his 
application for admission from foreign contiguous territory, 
the Attorney General has expressly consented to such 
alien’s reapplying for admission; or (B) with respect to an 
alien previously denied admission and removed, unless such 
alien shall establish that he was not required to obtain such 
advance consent under this or any prior Act, 
shall be imprisoned not more than 2 years. 
‘‘(b) INCREASED PENALTY.—In the case of any alien vio-
lating subsection (a)— 
‘‘(1) whose removal was subsequent to a conviction for 
commission of three or more misdemeanors involving drugs, 
crimes against the person, or both, or a felony (other than 
an aggravated felony), such alien shall be imprisoned not 
more than 10 years; 
‘‘(2) whose removal was subsequent to a conviction for 
commission of an aggravated felony, such alien shall be im-
prisoned not more than 20 years; 
‘‘(3) who has been excluded from the United States pur-
suant to section 235(c) of the Immigration and Nationality 
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Act because the alien was excludable under section 
212(a)(3)(B) of such Act or who has been removed from 
the United States pursuant to title V of such Act, and who 
thereafter, without the permission of the Attorney General, 
enters the United States, or attempts to do so, shall be im-
prisoned for a period of 10 years, which sentence shall not 
run concurrently with any other sentence; or 
‘‘(4) who was removed from the United States pursuant 
to section 241(a)(4)(B) of such Act who thereafter, without 
the permission of the Attorney General, enters, attempts to 
enter, or is at any time found in, the United States (unless 
the Attorney General has expressly consented to such 
alien’s reentry) shall be imprisoned for not more than 10 
years. 
For the purposes of this subsection, the term ‘removal’ includes 
any agreement in which an alien stipulates to removal during 
(or not during) a criminal trial under either Federal or State 
law. 
‘‘(c) REENTRY.—Any alien deported pursuant to section 
242(h)(2) of the Immigration and Nationality Act who enters, 
attempts to enter, or is at any time found in, the United States 
(unless the Attorney General has expressly consented to such 
alien’s reentry) shall be incarcerated for the remainder of the 
sentence of imprisonment which was pending at the time of de-
portation without any reduction for parole or supervised re-
lease. Such alien shall be subject to such other penalties relat-
ing to the reentry of deported aliens as may be available under 
this section or any other provision of law. 
‘‘(d) CHALLENGE OF VALIDITY OF ORDER.—In a criminal 
proceeding under this section, an alien may not challenge the 
validity of the deportation order described in subsection (a)(1) 
or subsection (b) unless the alien demonstrates that— 
‘‘(1) the alien exhausted any administrative remedies 
that may have been available to seek relief against the 
order; 
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‘‘(2) the deportation proceedings at which the order was 
issued improperly deprived the alien of the opportunity for 
judicial review; and 
‘‘(3) the entry of the order was fundamentally unfair. 
‘‘§ 321. Aiding or assisting certain aliens to enter 
the United States 
‘‘Whoever knowingly aids or assists any alien inadmissible 
under section 212(a)(2) of the Immigration and Nationality 
Act (insofar as an alien inadmissible under such section has 
been convicted of an aggravated felony) or 212(a)(3) of such 
Act (other than subparagraph (E) thereof) to enter the United 
States, or who connives or conspires with any person or persons 
to allow, procure, or permit any such alien to enter the United 
States, shall be or imprisoned not more than 10 years. 
‘‘§ 322. Increased penalty for certain terrorism re-
lated offenses 
‘‘Whoever violates this subchapter shall, if the maximum im-
prisonment for the offense is less but for this section, be im-
prisoned not more than 25 years if the offense was committed 
to facilitate an act of international terrorism (as defined in sec-
tion 2331 of this title), and 20 years (if the offense was com-
mitted to facilitate a drug trafficking crime (as defined in sec-
tion 592). 
‘‘CHAPTER 17—DRUG CRIMES 
‘‘Sec. 
‘‘401.
Definitions for chapter. 
‘‘402.
Basic offenses. 
‘‘403.
Basic punishment structure. 
‘‘404.
Offenses involving protected persons. 
‘‘405.
Enhancement for offenses involving protected places. 
‘‘406.
Maintaining drug-involved premises. 
‘‘407.
Distribution in or near schools. 
‘‘408.
Listed chemicals. 
‘‘409.
Domestic regulatory offenses. 
‘‘410.
Additional domestic regulatory offenses. 
‘‘411.
Penalty for simple possession. 
‘‘412.
Civil penalty for possession of small amounts of certain controlled 
substances. 
‘‘413.
Continuing criminal enterprise. 
‘‘414.
Drug paraphernalia. 
‘‘415.
Proceedings to establish prior convictions. 
‘‘416.
Anhydrous ammonia. 
‘‘417.
Controlled substances import and export offenses. 
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116 
‘‘418.
Prohibited acts related to foreign terrorist organizations or terrorist 
persons and groups 
‘‘§ 401. Definitions for chapter 
‘‘As used in this chapter— 
‘‘(1) a term defined for the purposes of the Controlled 
Substances Act has the same meaning in this chapter; 
‘‘(2) the term ‘large quantity of a major drug’ means— 
‘‘(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 re-
moved; 
‘‘(ii) cocaine, its salts, optical and geometric iso-
mers, and salts of isomers; 
‘‘(iii) ecgonine, its derivatives, their salts, iso-
mers, and salts of isomers; or 
‘‘(iv) any compound, mixture, or preparation 
which contains any quantity of any of the sub-
stances referred to in clauses (i) through (iii); 
‘‘(C) 50 grams or more of a mixture or substance de-
scribed 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 con-
taining 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 detect-
able amount of any analogue of N-phenyl-N-[1-(2- 
phenylethyl)-4-piperidinyl] propanamide; 
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‘‘(G) 1000 kilograms or more of a mixture or sub-
stance containing a detectable amount of marihuana, or 
1,000 or more marihuana plants regardless of weight; 
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; 
‘‘(3) the term ‘substantial quantity of a major drug’ 
means— 
‘‘(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 re-
moved; 
‘‘(ii) cocaine, its salts, optical and geometric iso-
mers, and salts of isomers; 
‘‘(iii) ecgonine, its derivatives, their salts, iso-
mers, and salts of isomers; or 
‘‘(iv) any compound, mixture, or preparation 
which contains any quantity of any of the sub-
stances referred to in clauses (i) through (iii); 
‘‘(C) 5 grams or more of a mixture or substance de-
scribed 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 con-
taining a detectable amount of phencyclidine (PCP); 
‘‘(E) 1 gram or more of a mixture or substance con-
taining 
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- 
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phenylethyl)-4-piperidinyl] propanamide or 10 grams or 
more of a mixture or substance containing a detectable 
amount 
of 
any 
analogue 
of 
N-phenyl-N-[1-(2- 
phenylethyl)-4-piperidinyl] propanamide; 
‘‘(G) 100 kilograms or more of a mixture or sub-
stance containing a detectable amount of marihuana, or 
100 or more marihuana plants regardless of weight; 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; 
‘‘(4) the term ‘date rape drug’ means gamma hydroxy-
butyric acid (including when scheduled as an approved drug 
product for purposes of section 3(a)(1)(B) of the Hillory J. 
Farias and Samantha Reid Date-Rape Drug Prohibition 
Act of 2000), or 1 gram of flunitrazepam; 
‘‘(5) the term ‘repeat offender’ means a person is con-
victed under this chapter after a prior conviction for a fel-
ony drug offense; 
‘‘(6) the term ‘career offender’ means a person is con-
victed under this chapter after two or more prior convic-
tions for a felony drug offense; 
‘‘(7) the term ‘midlevel quantity of marijuana‘ means 50 
kilograms of marijuana or more than 50 marijuana plants; 
and 
‘‘(8) the term ‘larger quantity of hashish’ means ten 
kilograms of hashish or one kilogram of hashish oil. 
‘‘§ 402. Basic offenses 
‘‘Except as authorized by the Controlled Substances Act 
whoever knowingly— 
‘‘(1) manufactures, distributes, or dispenses, or possesses 
with intent to manufacture, distribute, or dispense, a con-
trolled substance; 
‘‘(2) creates, distributes, or dispenses, or possesses with 
intent to distribute or dispense, a counterfeit substance; 
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