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Regulations
& Codified CSA > USC
> Subchapter I, Part D, Section 841
Part D -- Offenses and Penalties
Section 841. Prohibited Acts A
Unlawful acts
(a) Except as authorized by this subchapter, it shall be unlawful for any person knowingly or
intentionally --
(1) to manufacture, distribute, or dispense, or possess with intent to manufacture,
distribute, or dispense, a controlled substance; or
(2) to create, distribute, or dispense, or possess with intent to distribute or dispense,
a counterfeit substance.
Penalties
(b) Except as otherwise provided in section 859, 860, or 861 of this title, any person who violates
subsection (a) of this section shall be sentenced as follows:
(1)(A) In the case of a violation of subsection (a) of this section involving --
(i) 1 kilogram or more of a mixture or substance containing a detectable
amount of heroin;
(ii) 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 of
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 subclauses (I) through
(III);
(iii) 50 grams or more of a mixture or substance described in clause (ii)
which contains cocaine base;
(iv) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a
mixture or substance containing a detectable amount of phencyclidine
(PCP);
(v) 10 grams or more of a mixture or substance containing a detectable
amount of lysergic acid diethylamide (LSD);
(vi) 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 detectable amount
of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4- piperidinyl] propanamide;
(vii) 1000 kilograms or more of a mixture or substance containing a
detectable amount of marihuana, or 1,000 or more marihuana plants
regardless of weight; or
(viii) 100 grams or more of methamphetamine, its salts, isomers, and salts
of its isomers or 1 kilogram or more of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers, or salts of its
isomers; such person shall be sentenced to a term of imprisonment which
may not be less than 10 years or more than life and if death or serious bodily
injury results from the use of such substance shall be not less than 20 years
or 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 a prior conviction for a
felony drug offense has become final, such person shall be sentenced to a
term of imprisonment which may not be 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. If any
person commits a violation of this subparagraph or of section 845, 845a, or
845b of this title after two or more prior convictions for a felony drug
offense have become final, such person shall be sentenced to a mandatory
term of life imprisonment without release and fined in accordance with the
preceding sentence. For purposes of this subparagraph, the term "felony
drug offense" means an offense that is a felony under any provision of this
subchapter or any other Federal law that prohibits or restricts conduct
relating to narcotic drugs, marihuana, or depressant or stimulant substances
or a felony under any law of a State or a foreign country that prohibits or
restricts conduct relating to narcotic drugs, marihuana, or depressant or
stimulant substances. Any sentence under this subparagraph 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 subparagraph. No person
sentenced under this subparagraph shall be eligible for parole during the
term of imprisonment imposed therein.
(B) In the case of a violation of subsection (a) of this section involving --
(i) 100 grams or more of a mixture or substance containing a detectable
amount of heroin;
(ii) 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 of
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 subclauses (I) through
(III);
(iii) 5 grams or more of a mixture or substance described in clause (ii)
which contains cocaine base;
(iv) 10 grams or more of phencyclidine (PCP) or 100 grams or more of a
mixture or substance containing a detectable amount of phencyclidine
(PCP);
(v) 1 gram or more of a mixture or substance containing a detectable
amount of lysergic acid diethylamide (LSD);
(vi) 40 grams or more of a mixture or substance containing a detectable
amount of N-phenyl-N-[1-(2-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;
(vii) 100 kilograms or more of a mixture or substance containing a
detectable amount of marihuana, or 100 or more marihuana plants
regardless of weight; or
(viii) 10 grams or more of methamphetamine, its salts, isomers, and salts of
its isomers or 100 grams or more of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers, or salts of its
isomers; such person shall be sentenced to a term of imprisonment which
may not be 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 not less
than 20 years or 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 paragraph, or
for a felony under any other provision of this subchapter or subchapter II 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 which may not be 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 subparagraph 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 subparagraph. No person sentenced under this subparagraph
shall be eligible for parole during the term of imprisonment imposed
therein.
(C) In the case of a controlled substance in schedule I or II , or 1 gram of
flunitrazepam, except as provided in subparagraphs (A), (B), and (D), such person
shall 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 or 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 one
or more prior convictions for an offense punishable under this paragraph, or for a
felony under any other provision of this subchapter or subchapter II 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 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 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 subparagraph 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.
(D) In the case of less than 50 kilograms of marihuana, except in the case of 50 or
more marihuana plants regardless of weight, 10 kilograms of hashish, or one
kilogram of hashish oil or in the case of any controlled substance in schedule III, or
30 milligrams of flunitrazepam, such person shall, except as provided in paragraphs
(4) and (5) of this subsection, be sentenced to a term of imprisonment of not more
than 5 years, a fine 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 any person
commits such a violation after one or more prior convictions of him for an offense
punishable under this paragraph, or for a felony under any other provision of this
subchapter or subchapter II 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 more than 10 years, a fine not to exceed the greater of twice
that authorized in accordance with the provisions of Title 18, or $500,000 if the
defendant is an individual or $2,000,000 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 2 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 4 years in addition to such term of imprisonment.
(2) In the case of a controlled substance in schedule IV, such person shall be
sentenced to a term of imprisonment of not more than 3 years, a fine 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 any person commits such a
violation after one or more prior convictions of him for an offense
punishable under this paragraph, or for a felony under any other provision of
this subchapter or subchapter II 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 more than 6 years, a fine not to
exceed the greater of twice that authorized in accordance with the
provisions of Title 18, or $500,000 if the defendant is an individual or
$2,000,000 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 one year 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
2 years in addition to such term of imprisonment.
(3) In the case of a controlled substance in schedule V, such person shall be
sentenced to a term of imprisonment of not more than one year, a fine not to
exceed the greater of that authorized in accordance with the provisions of
Title 18, or $100,000 if the defendant is an individual or $250,000 if the
defendant is other than an individual, or both. If any person commits such a
violation after one or more convictions of him for an offense punishable
under this paragraph, or for a crime under any other provision of this
subchapter or subchapter II 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 more than 2 years, a fine not to
exceed the greater of twice that authorized in accordance with the
provisions of Title 18, or $200,000 if the defendant is an individual or
$500,000 if the defendant is other than an individual, or both.
(4) Notwithstanding paragraph (1)(D) of this subsection, any person who
violates subsection (a) of this section by distributing a small amount of
marihuana for no remuneration shall be treated as provided in section 844 of
this title and section 3607 of Title 18.
(5) Any person who violates subsection (a) of this section by cultivating a
controlled substance on Federal property shall be imprisoned as provided in
this subsection and shall be fined any amount not to exceed --
(A) the amount authorized in accordance with this section;
(B) the amount authorized in accordance with the provisions of Title
18;
(C) $500,000 if the defendant is an individual; or
(D) $1,000,000 if the defendant is other than an individual; or both.
(6) Any person who violates subsection (a) of this section, or attempts to do
so, and knowingly or intentionally uses a poison, chemical, or other
hazardous substance on Federal land, and, by such use --
(A) creates a serious hazard to humans, wildlife, or domestic
animals,
(B) degrades or harms the environment or natural resources, or
(C) pollutes an aquifer, spring, stream, river, or body of water, shall
be fined in accordance with Title 18, or imprisoned not more than
five years, or both.
(7) Penalties for distribution.--
(A) In general.--Whoever, with intent to commit a crime of violence,
as defined in section 16 of title 18, United States Code (including
rape), against an individual, violates subsection (a) by distributing a
controlled substance to that individual without that individual's
knowledge, shall be imprisoned not more than 20 years and fined in
accordance with title 18, United States Code.
(B) Definition.--For purposes of this paragraph, the term "without
that individual's knowledge" means that the individual 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 participate in conduct is administered to the
individual.
(c)
Offenses involving listed chemicals
Any person who knowingly or intentionally --
(1) possesses a listed chemical with intent to manufacture a controlled substance
except as authorized by this subchapter;
(2) possesses or distributes a listed chemical knowing, or having reasonable cause
to believe, that the listed chemical will be used to manufacture a controlled
substance except as authorized by this title; or
(3) with the intent of causing the evasion of the record-keeping or reporting
requirements of section 830 of this title, or the regulations issued under that section,
receives or distributes a reportable amount of any listed chemical in units small
enough so that the making of records or filing of reports under that section is not
required;
shall be fined in accordance with Title 18, or imprisoned not more than 20
years in the case of a violation of paragraph (1) or (2) 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 (2) involving a list I chemical, or both.
(d) Boobytraps on Federal property; penalties; "boobytrap"
defined
(1) Any person who assembles, maintains, places, or causes to be placed a boobytrap on
Federal property where a controlled substance is being manufactured, distributed, or dispensed
shall be sentenced to a term of imprisonment for not more than 10 years and shall be fined not
more than $10,000.
(2) If any person commits such a violation after 1 or more prior convictions for an
offense punishable under this subsection, such person shall be sentenced to a term
of imprisonment of not more than 20 years and shall be fined not more than
$20,000.
(3) For the purposes of this subsection, the term "boobytrap" means any concealed
or camouflaged device designed to cause bodily injury when triggered by any action
of any unsuspecting person making contact with the device. Such term includes
guns, ammunition, or explosive devices attached to trip wires or other triggering
mechanisms, sharpened stakes, and lines or wires with hooks attached.
(e) Ten-year injunction as additional penalty
In addition to any other applicable penalty, any person convicted of a felony violation of this
section relating to the receipt, distribution, manufacture, exportation, or importation of a listed
chemical may be enjoined from engaging in any transaction involving a listed chemical for not
more than ten years.
(f) Wrongful distribution or possession of listed chemicals
(1) Whoever knowingly distributes a listed chemical in violation of this subchapter (other than
in violation of a recordkeeping or reporting requirement of section 830 of this title) shall be fined
under Title 18, or imprisoned not more than 5 years, or both.
(2) Whoever possesses any listed chemical, with knowledge that the recordkeeping or
reporting requirements of section 830 of this title have not been adhered to, if, after such
knowledge is acquired, such person does not take immediate steps to remedy the violation
shall be fined under Title 18, or imprisoned not more than one year, or both.
(Pub. L. 91-513, title II, Sec. 401, Oct. 27, 1970, 84 Stat.
1260; Pub. L. 95-633, title II, Sec. 201, Nov. 10, 1978, 92 Stat. 3774; Pub. L.
96-359, Sec. 8(c), Sept. 26, 1980, 94 Stat. 1194; Pub. L. 98-473, title II, Secs.
224(a), 502, 503(b)(1), (2), Oct. 12, 1984, 98 Stat. 2030, 2068, 2070; Pub. L.
99-570, title I, Secs. 1002, 1003(a), 1004(a), 1005(a), 1103, title XV, Sec.
15005, Oct. 27, 1986, 100 Stat. 3207-2, 3207-5, 3207-6, 3207-11, 3702-192; Pub.
L. 100-690, title VI, Secs. 6055, 6254(h), 6452(a), 6470(g), (h), 6479, Nov. 18,
1988, 102 Stat. 4318, 4367, 4371, 4378, 4381; Pub. L. 101-647, title X, Sec.
1002(e), title XII, Sec. 1202, title XXXV, Sec. 3599K, Nov. 29, 1990, 104 Stat.
4828, 4830, 4932; Pub. L. 103-322, title IX, Sec. 90105(a), (c), title XVIII,
Sec. 180201(b)(2)(A), Sept. 13, 1994, 108 Stat. 1987, 1988, 2047; Pub. L.
104-237, title II, Sec. 206(a), title III, Sec. 302(a), Oct. 3, 1996, 110 Stat.
3103, 3105; Pub. L. 104-305, Sec. 2(a), (b)(1), Oct. 13, 1996, 110 Stat. 3807;
Pub. L. 105-277, div. E, Sec. 2(a), Oct. 21, 1998, 112 Stat. 2681-759; Pub. L.
106-172, Secs. 3(b)(1), 5(b), 9, Feb. 18, 2000, 114 Stat. 9, 10, 13.)
EDITORIAL NOTES
References in Text
This subchapter, referred to in
subsecs. (a), (b)(1) to (3), (c)(1), (2), and (f)(1), was in the original "this
title'', meaning title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as
amended, and is popularly known as the "Controlled Substances Act''. For
complete classification of title II to the Code, see second paragraph of Short
Title note set out under section 801 of this title and Tables.
Schedules I, II, III, IV, and V,
referred to in subsec. (b), are set out in section 812(c) of this title.
Subchapter II of this chapter,
referred to in subsec. (b)(1) to (3), was in the original "title III'', meaning
title III of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1285, as amended. 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 Tables.
Section 3(a)(1)(B) of the Hillory J.
Farias and Samantha Reid Date-Rape Prohibition Act of 2000, referred to in
subsec. (b)(1)(C), is section 3(a)(1)(B) of Pub. L. 106-172, which is set out in
a note under section 812 of this title.
Codification.
Amendment by section 224(a)(5) of Pub.L. 98-473 prior to repeal by Pub.L.
99-570, Section 1005(a)(2), deleting the last sentence of subsec. (b)(5), which read "Any sentence
imposing a term of imprisonment under this paragraph shall, in the absence of such a prior
conviction, impose a special parole term of at least 2 years in addition to such term of
imprisonment and shall, if there was such a prior conviction, impose a special parole term of at
least 4 years in addition to such term of imprisonment", did not take into account repeal of such
subsec. (b)(5) by section 502(5) of Pub.L. 98-473 and addition of a new subsec. (b)(5) by section
502(6) of Pub.L. 98-473, thereby resulting in the deletion of a provision of subsec. (b)(5) which
had been previously repealed. Section 224(a)(5) of Pub.L. 98-473 was repealed by
seciton 1005(a)(2) of Pub.L. 99-570.
The amendment to former subsec. (c) by Pub.L. 99-570, Section 1004(a), directing the substitution of
"term of supervised release" for "special parole term" wherever appearing has not been executed
to such subsec. (c) in view of repeal by Pub.L. 98-473, Section 224(a)(2), eff. Nov. 1, 1987.
The amendment to former subsec. (c) by Pub.L. 101-647, Section 1002(e)(2), directing the substitution
of "418, 419, or 420" for "405, 405A, or 405B", which for purposes of codification were
translated as "859, 860, or 861" and "845, 845a, or 845b", respectively has not been executed to
such subsec. in view of repeal by Pub.L. 98-473. See text set out as note above.
Effective and Applicability Provisions
Effective Date of 1988 Amendment. Amendment by section 6055 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. Section 1004(b) of Pub.L. 99-570 provided that: "(b) The
amendments made by this section [amending this section and sections 845, 845a, 960 and 962 of
this title] shall take effect on the date of the taking effect of section 3583 of title 18, United States
Code. [Nov. 1, 1987]."
Effective Date and Savings Provisions of 1984 Amendment. Amendment by Pub.L. 98-473
effective on the first day of first calendar month beginning thirty six months after Oct. 12, 1984,
applicable only to offenses committed after taking effect of sections 211 to 239 of
Pub.L. 98-473,
and except as otherwise provided for therein, see section 235 of Pub.L. 98-473, as amended, set
out as a note under section 3551 of Title 18, Crimes and Criminal Procedure.
Effective Applicability Provisions of Repeal
Section 224(a)(1), (2), (3), and (5) of Pub.L. 98-473, cited to credit, was repealed by
section 1005(a)(2) of Pub.L. 99-570. Such provisions of section 224(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.
Pub.L 96-359, § 8(b), Sept. 26, 1980, 94 Stat. 1194,
repealed § 203(d) of Pub.L. 95-633, formerly set out under this section, which
had provided for the repeal of subsec. (d) of this section effective Jan. 1,
1981.
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