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& Codified CSA > USC
> Subchapter I, Part D > Section 842
Section 842. Prohibited Acts B
Unlawful acts
(a) 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 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) 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 title or title III, 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.
Manufacture
(b) 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.
Penalties
(c)(1) Except as provided in 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.
(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 title or title III, any
business that violates paragraph (11) of subsection (a) 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.
(Pub.L. 91-513, Title II, Section 402, Oct. 27, 1970, 84 Stat. 1262; Pub.L. 95-633, Title II,
Section 202(b)(1), (2), Nov. 10, 1978, 92 Stat. 3776; Pub.L. 100-690, Title VI, Section 6056,
Nov. 18, 1988, 102 Stat. 4318, 4319.)
EDITORIAL NOTES
References in Text. Subchapter II of this chapter, referred to in subsecs. (a)(5), (6), (8), and
(c)(2)(B), was in the original "title III", meaning Title III of Pub.L. 91-513, Oct. 27, 1970, 84
Stat. 1285. Part A of Title III comprises subchapter II of this chapter. For classification of Part
B, consisting of sections 1101 to 1105 of Title III, see U.S.C.A Tables volume.
Schedules I and II, referred to in subsec. (b), are set out in section 812(c), of this title.
Effective Date of 1988 Amendment. Amendment by section 6056 of Pub.L. 100-690, effective
120 days after Nov. 18, 1988, see section 6061 of Pub.L. 100-690, set out as a note under section
802 of this title. Back
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