108 
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 
preceding 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 viola-
tion 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 
otherwise 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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110 
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 
Security, in consultation with the Attorney General and the 
Secretary 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; or 
(2) eludes examination or inspection by immigration 
officers, 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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111 
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 im-
migration laws shall be imprisoned for not more than 5 years. 
(d) COMMERCIAL ENTERPRISE.—Whoever knowingly es-
tablishes 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 
pursuant to section 235(c) of the Immigration and Nation-
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112 
ality 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’’ in-
cludes 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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113 
(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 
imprisonment 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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§ 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 
isomers, 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 
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 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 
isomers, 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 
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- 
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116 
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; or 
(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 pos-
sesses with intent to manufacture, distribute, or dispense, 
a controlled substance; 
(2) creates, distributes, or dispenses, or possesses with 
intent to distribute or dispense, a counterfeit substance; 
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117 
(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) ap-
plies shall be fined not more than $4,000,000, and if the 
offender 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. 
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(2) FINE.—An offender to whom paragraph (1) ap-
plies shall be fined not more than $2,000,000, and if the 
offender is a career offender, not more than $4,000,000. 
(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) ap-
plies shall be fined not more than $1,000,000, and if the 
offender 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. 
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(2) FINE.—An offender to whom paragraph (1) ap-
plies shall be fined not more than $250,000 and if the of-
fender 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-
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 sec-
tion 402 involves a schedule IV substance, the offender shall 
be imprisoned not more than three years and to supervised re-
lease for one year. If the offender is a repeat offender, the of-
fender shall be fined not more than $500,000 or imprisoned 
not more than six years, or both, and shall be sentenced to su-
pervised 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. 
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120 
(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-
ates a risk of harm to human life shall be imprisoned not more 
than ten years. 
(c)(1) 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 punish-
ment 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 extent 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 min-
imum sentencing provisions of this subsection shall not apply 
to offenses involving 5 grams or less of marihuana. 
(2) 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 re-
lease 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 imprisonment 
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— 
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121 
(1) employs, hires, uses, persuades, induces, entices, or 
coerces a child to violate section 402; or 
(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 con-
viction 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 
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H6253
sroberts on PROD1PC70 with BILLS