117 
‘‘(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; 
‘‘(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; 
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‘‘(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. 
‘‘(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 
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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-
lease for a period of 2 years, but if the defendant is a re-
peat offender, for a period of 4 years. 
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‘‘(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 imprisoned not more than six years and shall be sen-
tenced 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-
ates a risk of harm to human life shall be imprisoned not more 
than ten years. 
‘‘(c) DISTRIBUTION TO MINORS.— 
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‘‘(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 
‘‘(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, 
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