Regulations
& Codified CSA > USC > Subchapter
II > Section 960
Section 960. Prohibited Acts A
(a) Unlawful acts
Any person who --
(1) contrary to section 952, 953, or 957 of this title, knowingly or intentionally
imports or exports a controlled substance,
(2) contrary to section 955 of this title, knowingly or intentionally brings or
possesses on board a vessel, aircraft, or vehicle a controlled substance, or
(3) contrary to section 959 of this title, manufactures, possesses with intent to
distribute, or distributes a controlled substance shall be punished as provided in
subsection (b) of this section.
(b) Penalties
(1) In the case of a violation of subsection (a) of this section involving --
(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
removed;
(ii) cocaine, its salts, optical and geometric isomers, and salts or isomers;
(iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or
(iv) any compound, mixture, or preparation which contains any quantity of
any of the substances 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 containing 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-phenyl ethyl)-4-piperidinyl] propanamide or 100 grams or more
of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenyl ethyl)-4-piperidinyl]
propanamide;
(G) 1000 kilograms or more of a mixture or substance containing a detectable
amount of marihuana; or
(H) 50 grams or more of methamphetamine, its salts, isomers, and salts of its
isomers or 500 kilogram or more of a mixture or substance containing a detectable
amount of methamphetamine, its salts, isomers, or salts of its isomers;
the person committing such violation shall be sentenced to a term of imprisonment of not less
than 10 years and not more than life and if death or serious bodily injury results from the use of
such substance shall be sentenced to a term of imprisonment of not less than 20 years and not
more than life, a fine not to exceed the greater of that authorized in accordance with the
provisions of Title 18, or $4,000,000 if the defendant is an individual or $10,000,000 if the
defendant is other than an individual, or both. If any person commits such a violation after one or
more prior convictions for an offense punishable under this subsection, or for a felony under any
other provision of this subchapter or subchapter I of this chapter or other law of a State, the
United States, or a foreign country 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 less than 20 years and not more than life imprisonment and if death or
serious bodily injury results from the use of such substance shall be sentenced to life
imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the
provisions of Title 18, or $8,000,000 if the defendant is an individual or $20,000,000 if the
defendant is other than an individual, or both. Any sentence under this paragraph shall, in the
absence of such a prior conviction, impose a term of supervised release of at least 5 years in
addition to such term of imprisonment and shall, if there was such a prior conviction, impose a
term of supervised release of at least 10 years in addition to such term of imprisonment.
Notwithstanding any other provision of law, the court shall not place on probation or suspend the
sentence of any person sentenced under this paragraph. No person sentenced under this paragraph
shall be eligible for parole during the term of imprisonment imposed therein.
(2) In the case of a violation of subsection (a) of this section involving --
(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 removed;
(ii) cocaine, its salts, optical and geometric isomers, and salts or
isomers;
(iii) ecgonine, its derivatives, their salts, isomers, and salts of
isomers; or
(iv) any compound, mixture, or preparation which contains any
quantity of any of the substances referred to in clauses (i) through
(iii);
(C) 5 grams or more of a mixture or substance described 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 containing 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-phenyl ethyl)-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-phenyl ethyl)-4-piperidinyl] propanamide;
(G) 100 kilograms or more of a mixture or substance containing a detectable
amount of marihuana; 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;
the person committing such violation shall be sentenced to a term of imprisonment of not less
than 5 years and not more than 40 years and if death or serious bodily injury results from the use
of such substance shall be sentenced to a term of imprisonment of not less than twenty years and
not more than life, a fine not to exceed the greater of that authorized in accordance with the
provisions of Title 18, or $2,000,000 if the defendant is an individual or $5,000,000 if the
defendant is other than an individual, or both. If any person commits such a violation after one or
more prior convictions for an offense punishable under this subsection, or for a felony under any
other provision of this subchapter or subchapter I of this chapter or other law of a State, the
United States, or a foreign country 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 less than 10 years and not more than life imprisonment and if death or
serious bodily injury results from the use of such substance shall be sentenced to life
imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the
provisions of Title 18, or $4,000,000 if the defendant is an individual or $10,000,000 if the
defendant is other than an individual, or both. Any sentence imposed under this paragraph shall,
in the absence of such a prior conviction, include a term of supervised release of at least 4 years
in addition to such term of imprisonment and shall, if there was such a prior conviction, include a
term of supervised release of at least 8 years in addition to such term of imprisonment.
Notwithstanding any other provision of law, the court shall not place on probation or suspend the
sentence of any person sentenced under this paragraph. No person sentenced under this paragraph
shall be eligible for parole during the term of imprisonment imposed therein.
(3) In the case of a violation under
subsection (a) of this section involving a controlled substance in
schedule I or II, gamma hydroxybutyric 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 flunitrazepam, the person committing such violation
shall, except as provided in paragraphs (1), (2), and (4), be
sentenced to a term of imprisonment of not more than 20 years and if death
or serious bodily injury results from the use of such substance shall
be sentenced to a term of imprisonment of not less than twenty
years and not more than life, a fine not to exceed the greater of
that authorized in accordance with the provisions of title 18 or $1,000,000
if the defendant is an individual or $5,000,000 if the defendant is
other than an individual, or both. If any person commits such a violation
after a prior conviction for a felony drug offense has become
final, such person shall be sentenced to a term of imprisonment of not more
than 30 years and if death or serious bodily injury results from the use
of such substance shall be sentenced to life imprisonment, a fine not to
exceed the greater of twice that authorized in accordance with the
provisions of title 18 or $2,000,000 if the defendant is an individual or
$10,000,000 if the defendant is other than an individual, or both.
Any sentence imposing a term of imprisonment under this paragraph
shall, in the absence of such a prior conviction, impose a term of
supervised release of at least 3 years in addition to such term of
imprisonment and shall, if there was such a prior conviction, impose a term of
supervised release of at least 6 years in addition to such term of
imprisonment. Notwithstanding the prior sentence, and notwithstanding
any other provision of law, the court shall not place on probation
or suspend the sentence of any person sentenced under the provisions of
this paragraph which provide for a mandatory term of imprisonment if
death or serious bodily injury results, nor shall a person so
sentenced be eligible for parole during the term of such a sentence.
(4) In the case of a violation under subsection (a) of this section with respect to less
than 50 kilograms of marihuana, except in the case of 100 or more marihuana
plants regardless of weight, less than 10 kilograms of hashish, less than one
kilogram of hashish oil, or any quantity of a controlled substance in schedule III,
IV, or V, (except a violation involving flunitrazepam) the person committing such
violation shall be imprisoned not more than five years, or be fined not to exceed the
greater of that authorized in accordance with the provisions of Title 18, or $250,000
if the defendant is an individual or $1,000,000 if the defendant is other than an
individual, or both. If a sentence under this paragraph provides for imprisonment,
the sentence shall, in addition to such term of imprisonment, include (A) a term of
supervised release of not less than two years if such controlled substance is in
schedule I, II, III, or (B) a term of supervised release of not less than one year if
such controlled substance is in schedule IV.
(c) Repealed. Pub. L. 98-473, title II, Sec. 225, formerly Sec. 225(a), Oct.
12, 1984, 98 Stat. 2030, as amended by Pub. L. 99-570, title I, Sec. 1005(c),
Oct. 27, 1986, 100 Stat. 3207-6
(d)
Penalty for importation or exportation
A person who knowingly or intentionally --
(1) imports or exports a listed chemical with intent to manufacture a controlled
substance in violation of this subchapter or subchapter I of this chapter;
(2) exports a listed chemical in violation of the laws of the country to which the
chemical is exported or serves as a broker or trader for an international transaction
involving a listed chemical, if the transaction is in violation of the laws of the
country to which the chemical is exported;
(3) imports or exports a listed chemical knowing, or having reasonable cause to
believe, that the chemical will be used to manufacture a controlled substance in
violation of this subchapter or subchapter I of this title;
(4) exports a listed chemical, or serves as a broker or trader for an international
transaction involving a listed chemical, knowing, or having reasonable cause to
believe, that the chemical will be used to manufacture a controlled substance in
violation of the laws of the country to which the chemical is exported;
(5) imports or exports a listed chemical, with the intent to evade the reporting or
record keeping requirements of section 971 of this title applicable to such
importation or exportation by falsely representing to the Attorney General that the
importation or exportation qualifies for a waiver of the 15-day notification
requirement granted pursuant to section 971(e)(2) or (3) of this title by
misrepresenting the actual country of final destination of the listed chemical or the
actual listed chemical being imported or exported;
(6) imports or exports a listed chemical in violation of section 957 or 971 of this
title; or
(7) manufactures, possesses with intent to distribute, or distributes a listed chemical
in violation of section 959 of this title;
shall be fined in accordance with Title 18, imprisoned not more than 20 years in the case of a
violation of paragraph (1) or (3) involving a list I chemical or not more than 10 years in the case
of a violation of this subsection other than a violation of paragraph (1) or (3) involving a list I
chemical, or both.
(Pub. L. 91-513, title III, Sec. 1010, Oct. 27, 1970, 84
Stat. 1290; Pub. L. 98-473, title II, Secs. 225, formerly Sec. 225(a), 504, Oct.
12, 1984, 98 Stat. 2030, 2070; Pub. L. 99-570, title I, Secs. 1004(a), 1005(c),
1302, 1866(e), Oct. 27, 1986, 100 Stat. 3207-6, 3207-15, 3207-55; Pub. L.
100-690, title VI, Secs. 6053(c), 6475, Nov. 18, 1988, 102 Stat. 4315, 4380;
Pub. L. 101-647, title XII, Sec. 1204, title XXXV, Sec. 3599J, Nov. 29, 1990,
104 Stat. 4830, 4932; Pub. L. 103-200, Secs. 4(b), 5(b), Dec. 17, 1993, 107
Stat. 2338, 2339; Pub. L. 103-322, title IX, Sec. 90105(a), title XXXIII, Sec.
330024(d)(2), Sept. 13, 1994, 108 Stat. 1987, 2151; Pub. L. 104-237, title I,
Sec. 102(c), title III, Sec. 302(b), Oct. 3, 1996, 110 Stat. 3100, 3105; Pub. L.
104-305, Sec. 2(b)(2)(B), (C), Oct. 13, 1996, 110 Stat. 3807; Pub. L. 105-277,
div. E, Sec. 2(b), Oct. 21, 1998, 112 Stat. 2681-759; Pub. L. 106-172, Sec.
3(b)(2), Feb. 18, 2000, 114 Stat. 9.)
EDITORIAL NOTES
References in Text.
Schedules I, II, III, and IV, referred to in subsec. (b), are set out in section
812(c) of this title.
Section 3(a)(1)(B) of the Hillory J.
Farias and Samantha Reid Date-Rape Prohibition Act of 2000, referred to in
subsec. (b)(3), is section 3(a)(1)(B) of Pub. L. 106-172, which is set out in a
note under section 812 of this title.
Amendments
2000--Subsec. (b)(3). Pub. L. 106-172, Sec. 3(b)(2)(A),
inserted "gamma hydroxybutyric 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),'' after "schedule I or
II,'' in first sentence.
Subsec. (b)(4). Pub. L. 106-172, Sec. 3(b)(2)(B), substituted
"flunitrazepam and except a violation involving gamma hydroxybutyric acid)'' for
"flunitrazepam)''.
1998--Subsec. (b)(1)(H). Pub. L. 105-277, Sec. 2(b)(1),
substituted "50 grams'' and "500 grams'' for "100 grams'' and "1 kilogram'',
respectively.
Subsec. (b)(2)(H). Pub. L. 105-277, Sec. 2(b)(2), substituted
"5 grams'' and "50 grams'' for "10 grams'' and "100 grams'', respectively.
1996--Subsec. (b)(3). Pub. L. 104-305, Sec. 2(b)(2)(B),
inserted "or flunitrazepam,'' after "schedule I or II,''.
Subsec. (b)(4). Pub. L. 104-305, Sec. 2(b)(2)(C), inserted "(except
a violation involving flunitrazepam)'' after "schedule III, IV, or V,''.
Subsec. (d). Pub. L. 104-237, Sec. 302(b), in closing
provisions, substituted "not more than 20 years in the case of a violation of
paragraph (1) or (3) involving a list I chemical or not more than 10 years in
the case of a violation of this subsection other than a violation of paragraph
(1) or (3) involving a list I chemical,'' for "not more than 10 years,''.
Subsec. (d)(7). Pub. L. 104-237, Sec. 102(c), added par. (7).
1994--Subsec. (b)(1), (2). Pub. L. 103-322, Sec. 90105(a), in sentence in
concluding provisions beginning "If any person commits'', substituted "a prior
conviction for a felony drug offense has become final'' for "one or more prior
convictions for an offense punishable under this subsection, or for a felony
under any other provision of this subchapter or subchapter I of this chapter or
other law of a State, the United States, or a foreign country relating to
narcotic drugs, marihuana, or depressant or stimulant substances, have become
final''.
Subsec. (b)(3). Pub. L. 103-322, Sec. 90105(a), in sentence
beginning "If any person commits'', substituted "a prior conviction for a felony
drug offense has become final'' for "one or more prior convictions for an
offense punishable under this subsection, or for a felony under any other
provision of this subchapter or subchapter I of this chapter or other law of a
State, the United States or a foreign country relating to narcotic drugs,
marihuana, or depressant or stimulant substances, have become final''.
Subsec. (d)(5), (6). Pub. L. 103-322, Sec. 330024(d)(2),
amended directory language of Pub. L. 103-200, Sec. 5(b)(3). See 1993 Amendment
note below.
1993--Subsec. (d). Pub. L. 103-200, Sec. 5(b), as amended by
Pub. L. 103-322, Sec. 330024(d)(2), added pars. (5) and (6).
Pub. L. 103-200, Sec. 4(b), amended subsec. (d) generally.
Prior to amendment, subsec. (d) read as follows: "Any person who knowingly or
intentionally--
"(1) imports or exports a listed chemical with intent to
manufacture a controlled substance in violation of this subchapter or, in the
case of an exportation, in violation of the law of the country to which the
chemical is exported; or
"(2) imports or exports a listed chemical knowing, or having
reasonable cause to believe, that the listed chemical will be used to
manufacture a controlled substance in violation of this subchapter or, in the
case of an exportation, in violation of the law of the country to which the
chemical is exported; shall be fined in accordance with title 18, or imprisoned
not more than 10 years, or both.''
1990--Subsec. (b)(1)(H). Pub. L. 101-647, Sec. 1204(a), added
subpar. (H).
Subsec. (b)(2). Pub. L. 101-647, Sec. 3599J, substituted "supervised''
for "suspervised'' in two places in concluding provisions.
Subsec. (b)(2)(H). Pub. L. 101-647, Sec. 1204(b), added
subpar. (H). 1988--Subsec. (a)(3). Pub. L. 100-690, Sec. 6475, substituted "manufactures,
possesses with intent to distribute, or distributes a controlled substance'' for
"manufactures or distributes a controlled substance''.
Subsec. (d). Pub. L. 100-690, Sec. 6053(c), added subsec.
(d). 1986--Pub. L. 99-570, Sec. 1005(c), amended Pub. L. 98-473, Sec. 225. See
1984 Amendment note below.
Subsec. (b)(1), (2). Pub. L. 99-570, Sec. 1302(a)(2),
added pars. (1) and (2) and struck out former pars. (1) and (2) which read as
follows:
"(1) In the case of a violation under subsection (a) of this
section involving--
"(A) 100 grams or more of a mixture or substance containing a
detectable amount of a narcotic drug in schedule I or II other than a narcotic
drug consisting of--
"(i) coca leaves;
"(ii) a compound, manufacture, salt, derivative, or
preparation of coca leaves; or
"(iii) a substance chemically identical thereto;
"(B) a kilogram or more of any other narcotic drug in
schedule I or II;
"(C) 500 grams or more of phencyclidine (PCP);
"(D) 5 grams or more of lysergic acid diethylamide (LSD); the
person committing such violation shall be imprisoned for not more than twenty
years, or fined not more than $250,000, or both.
"(2) In the case of a violation under subsection (a) of this
section with respect to a controlled substance in schedule I or II, the person
committing such violation shall, except as provided in paragraphs (1) and (3),
be imprisoned not more than fifteen years, or fined not more than $125,000, or
both. If a sentence under this paragraph provides for imprisonment, the sentence
shall include a special parole term of not less than three years in addition to
such term of imprisonment.''
Subsec. (b)(3). Pub. L. 99-570, Sec. 1302(a)(2), added par.
(3). Former par. (3) redesignated (4).
Subsec. (b)(4). Pub. L. 99-570, Sec. 1302(a)(1), (3), (b)(2),
(3), redesignated former par. (3) as (4), inserted "except in the case of 100 or
more marihuana plants regardless of weight,'' and substituted "fined not to
exceed the greater of that authorized in accordance with the provisions of title
18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant
is other than an individual'' for "fined not more than $50,000''.
Pub. L. 99-570, Secs. 1302(b)(1), 1866(e), made identical
amendment striking out ", except as provided in paragraph (4)'' after "such
violation shall''.
Pub. L. 99-570, Sec. 1004(a), substituted "term of supervised
release'' for "special parole term'' in two places.
Subsec. (c). Pub. L. 99-570, Sec. 1004(a), substituted "term
of supervised release'' for "special parole term'' wherever appearing, effective
Nov. 1, 1987, the effective date of the repeal of subsec. (c) by Pub. L. 98-473,
Sec. 225. See 1984 Amendment note below.
1984--Subsec. (b). Pub. L. 98-473, Sec. 225(a), which
directed amendment of this subsection effective Nov. 1, 1987 (see section
235(a)(1) of Pub. L. 98-473 set out as an Effective Date note under section 3551
of Title 18, Crimes and Criminal Procedure) was omitted in the general amendment
of section 225 of Pub. L. 98-473 by Pub. L. 99- 570, Sec. 1005(c).
Subsec. (b)(1). Pub. L. 98-473, Sec. 504(1), added par. (1).
Former par. (1) redesignated (2).
Subsec. (b)(2). Pub. L. 98-473, Sec. 504(1), (2),
redesignated former par. (1) as (2), inserted provisions excepting pars. (1) and
(3), and substituted reference to controlled substance for reference to narcotic
drug, and "$125,000'' for "$25,000''. Former par. (2) redesignated (3).
Subsec. (b)(3). Pub. L. 98-473, Sec. 504(1), (3),
redesignated former par. (2) as (3) and substituted "less than 50 kilograms of
marihuana, less than 10 kilograms of hashish, less than one kilogram of hashish
oil, or any quantity of a controlled substance in schedule III, IV, or V, the
person committing such violation shall, except as provided in paragraph (4)''
for "a controlled substance other than a narcotic drug in schedule I or II, the
person committing such violation shall'', and "$50,000'' for "$15,000''. Subsec.
(c). Pub. L. 98-473, Sec. 225, as amended by Pub. L. 99-570, Sec. 1005(c),
struck out subsec. (c) which related to special parole terms imposed under this
section or section 962 of this title. Notwithstanding directory language that
the amendment be made to "Section 1515 of the Controlled Substances Import and
Export Act (21 U.S.C. 960)'', the amendment was executed to this section as the
probable intent of Congress.
Effective Date of 1994 Amendment
Amendment by section 330024(d)(2) of
Pub. L. 103-322 effective 120 days after Dec. 17, 1993, see section 330024(f) of
Pub. L. 103-322, set out as a note under section 802 of this title.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103-200
effective on date that is 120 days after Dec. 17, 1993, see section 11 of Pub.
L. 103-200, set out as a note under section 802 of this title.
Effective Date of 1988 Amendment
Amendment by section 6053(c) 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.
Effective Date of 1986 Amendment
Amendment by section 1004(a) of Pub.
L. 99-570 effective on date of taking effect of section 3583 of Title 18, Crimes
and Criminal Procedure (Nov. 1, 1987), see section 1004(b) of Pub. L. 99-570 set
out as a note under section 841 of this title.
Effective Date of 1984 Amendment
Amendment by section 225 of Pub. L.
98-473 effective Nov. 1, 1987, and applicable only to offenses committed after
the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98-473,
set out as an Effective Date note under section 3551 of Title 18, Crimes and
Criminal Procedure.
Repeals.
Section 225(a)(1) to (3) of Pub.L. 98-473, cited to credit, was amended by section
1005(c) of Pub.L. 99-570 to repeal pars. (1) and (2) and renumber par. (3) as section 225(a) of
Pub.L. 98-473. Such provisions of section 225(a) of Pub.L. 98-473, which were to take effect
Nov. 1, 1987, as a result of repeal were never executed to text of section.
Section Referred to in Other Sections
This section is referred to in sections 848, 962, 1710 of
this title; title 5 section 3113; title 18 sections 36, 3553, 3559, 5032; title
28 section 994; title 46 App. section 1903.
Code of Federal Regulations
Inspection, search and seizure, see 19 CFR 162.0 et seq.
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