119 
‘‘(3) imports or exports a controlled substance in viola-
tion of section 1002, 1003, or 1007 of the Controlled Sub-
stances Import and Export Act; 
‘‘(4) brings or possesses on board a vessel, aircraft, or 
vehicle a controlled substance in violation of section 1005 
of that Act; or 
‘‘(5) manufactures, possesses with intent to distribute, or 
distributes a controlled substance contrary to section 1009 
of that Act; 
shall be punished as provided in this chapter. 
‘‘§ 403. Basic punishment structure 
‘‘(a) LARGE QUANTITIES OF MAJOR DRUGS.— 
‘‘(1) PRISON.—If the violation of section 402 involves a 
large quantity of a major drug, the offender shall be im-
prisoned any term of years not less than ten, or for life. 
If the offender is a repeat offender or if death or serious 
bodily injury results to any person from the offense, the 
term shall not be less than 20 years. If the defendant is 
a career offender, the term shall be life. 
‘‘(2) FINE.—An offender to whom paragraph (1) applies 
shall be fined not more than $4,000,000, and if the of-
fender is a career offender, not more than $8,000,000. 
‘‘(3) SUPERVISED
RELEASE.—An offender to whom 
paragraph (1) applies shall be sentenced to supervised re-
lease for a period of 5 years, but if the offender is a career 
offender or if death or serious bodily injury results to any 
person from the offense, for a period of 10 years. 
‘‘(b) SUBSTANTIAL QUANTITIES OF MAJOR DRUGS.— 
‘‘(1) PRISON.—If the violation of section 402 involves a 
substantial quantity of a major drug, the offender shall be 
imprisoned not less than five years nor more than 40 years. 
If the offender is a repeat offender the term shall not be 
less than 10 years. If death or serious bodily injury results 
to any person from the offense, the term shall be life. 
‘‘(2) FINE.—An offender to whom paragraph (1) applies 
shall be fined not more than $2,000,000, and if the of-
fender is a career offender, not more than $4,000,000. 
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‘‘(3) SUPERVISED
RELEASE.—An offender to whom 
paragraph (1) applies shall be sentenced to supervised re-
lease for a period of 4 years, but if the offender is a repeat 
offender or death or serious bodily injury result to any per-
son from the offense, for a period of 8 years. 
‘‘(c) LESSER QUANTITIES
OF MAJOR DRUGS
AND
ANY 
QUANTITY OF CERTAIN OTHER SUBSTANCES.— 
‘‘(1) PRISON.—If the violation of section 402 involves a 
quantity, lesser than those specified in subsection (a) or 
(b), of a major drug, or any quantity of another substance 
in schedule I or II, or a date rape drug, the offender shall 
be imprisoned not more than 20 years. If the offender is 
a repeat offender, the term shall not be less than 30 years. 
If death or serious bodily injury results to any person from 
the offense, the offender shall be imprisoned any term or 
years not less than 20, or for life. 
‘‘(2) FINE.—An offender to whom paragraph (1) applies 
shall be fined not more than $1,000,000, and if the of-
fender is a repeat offender, not more than $2,000,000. 
‘‘(3) SUPERVISED
RELEASE.—An offender to whom 
paragraph (1) applies shall be sentence to supervised re-
lease for a period of 3 years, but if the defendant is a re-
peat offender for a period of 6 years. 
‘‘(d) MIDLEVEL
QUANTITIES
OF
MARIJUANA, LARGER 
QUANTITIES OF HASHISH, AND CERTAIN SCHEDULE III SUB-
STANCES.— 
‘‘(1) PRISON.—If the violation of section 402 involves a 
midlevel quantity of marijuana, a larger quantity of hash-
ish, or any quantity of a schedule III substance for which 
a penalty is not imposed in a previous subsection of this 
section, the offender shall be imprisoned not more than five 
years, or if a repeat offender, not more than 10 years. 
‘‘(2) FINE.—An offender to whom paragraph (1) applies 
shall be fined not more than $250,000 and if the offender 
is a career offender, not more than $500,000. 
‘‘(3) SUPERVISED
RELEASE.—An offender to whom 
paragraph (1) applies shall be sentenced to supervised re-
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121 
lease for a period of 2 years, but if the defendant is a re-
peat offender, for a period of 4 years. 
‘‘(e) SCHEDULE IV SUBSTANCES.—If the violation of section 
402 involves a schedule IV substance, the offender shall be im-
prisoned not more than three years and to supervised release 
for one year. If the offender is a repeat offender, the offender 
shall be fined not more than $500,000 or imprisoned not more 
than six years, or both, and shall be sentenced to supervised 
release for two years. 
‘‘(f) SCHEDULE V SUBSTANCES.—If the violation of section 
402 involves a schedule V substance, the offender shall be im-
prisoned not more than one year. If the offender is a repeat 
offender, the offender shall be imprisoned not more than two 
years. 
‘‘§ 404. Offenses involving protected persons 
‘‘(a) DISTRIBUTION WITH INTENT TO COMMIT A CRIME OF 
VIOLENCE.— 
‘‘(1) IN GENERAL.—Whoever, with intent to commit a 
crime of violence (including an offense that would also be 
punishable under section 201 if the conduct occurred in the 
special maritime and territorial jurisdiction of the United 
States), against an individual, violates section 402 by dis-
tributing a controlled substance or controlled substance 
analogue to that individual without that individual’s knowl-
edge shall be imprisoned not more than 20 years. 
‘‘(2) DEFINITION.—As used in this subsection, the term 
‘without that individual’s knowledge’ means that the indi-
vidual 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 partici-
pate in conduct is administered to the individual. 
‘‘(b) ENDANGERING HUMAN LIFE WHILE ILLEGALLY MAN-
UFACTURING CONTROLLED SUBSTANCE.—Whoever, while man-
ufacturing a controlled substance in violation of the Controlled 
Substances Act, or attempting or conspiring to do so, or trans-
porting materials, including chemicals, to do so, knowingly cre-
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122 
ates a risk of harm to human life shall be imprisoned not more 
than ten years. 
‘‘(c) DISTRIBUTION TO MINORS.— 
‘‘(1) FIRST OFFENSES.—Except as provided in section 
405 and in paragraph (2), any person at least 18 years of 
age who violates section 402 by distributing a controlled 
substance to a person under 21 years of age is subject to 
(A) twice the maximum punishment authorized by section 
403, and (B) at least twice any term of supervised release 
authorized by section 403, for a first offense involving the 
same controlled substance and schedule. Except to the ex-
tent a greater minimum sentence is otherwise provided by 
section 403, 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. 
‘‘(2) SECOND AND SUBSEQUENT OFFENSES.—Except as 
provided in section 405, if the offender under paragraph 
(1) has a prior conviction under paragraph (1) (or under 
section 303(b)(2) of the Federal Food, Drug, and Cosmetic 
Act as in effect prior to the effective date of section 701(b) 
of the Controlled Substances Act) is subject to (A) three 
times the maximum punishment authorized by section 403, 
and (B) at least three times any term of supervised release 
authorized by section 403, for a second offense or subse-
quent offense involving the same controlled substance and 
schedule. Except to the extent a greater minimum sentence 
is otherwise provided by section 403, a term of imprison-
ment under this subsection shall be not less than one year. 
Penalties for third and subsequent convictions shall those 
provided by section 403(a) for offenses involving large 
quantities of major drugs under that section. 
‘‘(d) ADULTS USING CHILDREN.—Whoever, being at least 21 
years of age, knowingly— 
‘‘(1) employs, hires, uses, persuades, induces, entices, or 
coerces a child to violate section 402; or 
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‘‘(2) employs, hires, uses, persuades, induces, entices, or 
coerces a child to assist in avoiding detection or apprehen-
sion, for any offense under section 402, by any Federal, 
State, or local law enforcement official, 
is punishable by a term of imprisonment and a fine, or both, 
up to triple those authorized by section 403. 
‘‘(e) YOUNG ADULTS USING CHILDREN.— 
‘‘(1) Whoever, not being a child, knowingly— 
‘‘(A) employs, hires, uses, persuades, induces, en-
tices, or coerces, a child to violate any provision of this 
chapter or of the Controlled Substances Act or the 
Controlled Substances Import and Export Act; 
‘‘(B) employs, hires, uses, persuades, induces, en-
tices, or coerces, child to assist in avoiding detection or 
apprehension, for any such violation, by any Federal, 
State, or local law enforcement official; or 
‘‘(C) receives a controlled substance from a child, 
other than an immediate family member, in violation of 
section 402; 
shall be imprisoned for up to twice the maximum term other-
wise authorized, or fined up to twice the fine otherwise author-
ized, or both, and be sentenced at least twice any term of su-
pervised release otherwise authorized for a first offense. Except 
to the extent a greater minimum sentence is otherwise pro-
vided, a term of imprisonment under this subsection shall not 
be less than one year. 
‘‘(2) Whoever violates paragraph (1) after a prior convic-
tion under paragraph (1) of this section, is punishable by 
a term of imprisonment up to three times that otherwise 
authorized, or both, 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 other-
wise provided, a term of imprisonment under this sub-
section shall not be less than one year. Penalties for third 
and subsequent convictions shall those provided by section 
403(a) for offenses involving large quantities of major 
drugs under that section. 
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