-CITE-
21 USC Sec. 842 01/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE
PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL
AND ENFORCEMENT
Part D - Offenses and
Penalties
-HEAD-
Sec. 842. Prohibited acts
B
-STATUTE-
(a) Unlawful
acts
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 negligently
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. (FOOTNOTE 1)
(FOOTNOTE 1) So in original.
Probably should be ''section 830(a)(3) of this title;''.
(10) negligently 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 subchapter or subchapter II of this chapter, 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.
(b) Manufacture
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.
(c) Penalties
(1)(A) Except as provided
in subparagraph (B) of this paragraph and 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.
(B) In the case of a violation
of paragraph (5) or (10) of subsection
(a) of this section, the civil penalty shall not exceed $10,000.
(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 subchapter
or subchapter II of this chapter, any business that violates
paragraph (11) of subsection (a) of this section 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.
-SOURCE-
(Pub. L. 91-513, title II,
Sec. 402, Oct. 27, 1970, 84 Stat. 1262; Pub. L. 95-633, title II, Sec.
202(b)(1), (2), Nov. 10, 1978, 92 Stat. 3776; Pub. L. 100-690, title
VI, Sec. 6056, Nov. 18, 1988, 102 Stat. 4318; Pub. L. 104-237, title
II, Sec. 205, Oct. 3, 1996, 110 Stat. 3103; Pub. L. 105-277, div. A,
Sec. 101(b) (title I, Sec. 117), Oct. 21, 1998, 112 Stat. 2681-50, 2681-68.)
-REFTEXT-
REFERENCES
IN TEXT
Schedules I and II, referred
to in subsec. (b), are set out in section 812(c)
of this title.
-MISC2-
AMENDMENTS
1998 - Subsec. (a)(5). Pub.
L. 105-277, Sec. 101(b) (title I, Sec.
117(1)), inserted ''negligently'' before ''fail''.
Subsec. (a)(10). Pub. L. 105-277,
Sec. 101(b) (title I, Sec. 117(2)),
inserted ''negligently'' before ''to fail''.
Subsec. (c)(1). Pub. L. 105-277,
Sec. 101(b) (title I, Sec. 117(3)),
designated existing provisions as subpar. (A), inserted ''subparagraph
(B) of this paragraph and'' before ''paragraph (2)'',
and added subpar. (B).
1996 - Subsec. (a). Pub. L.
104-237, Sec. 205(a), added par. (11) and
closing provisions.
Subsec. (c)(2)(C). Pub. L.
104-237, Sec. 205(b), added subpar. (C).
1988 - Subsec. (a)(8). Pub.
L. 100-690, Sec. 6056(a), inserted '', 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''
after ''protection''.
Subsec. (a)(9). Pub. L. 100-690,
Sec. 6056(b), amended par. (9) generally. Prior to amendment, par. (9)
read as follows: ''to distribute or sell piperidine in violation of
regulations established under section 830(a)(2) of this title, respecting
presentation of identification.''
Subsec. (a)(10). Pub. L. 100-690,
Sec. 6056(d), added par. (10).
Subsec. (c)(2)(C). Pub. L.
100-690, Sec. 6056(c), struck out subpar. (C) which read as follows:
''Subparagraphs (A) and (B) shall not apply to a violation of subsection
(a)(5) of this section with respect to a refusal or failure to make
a report required under section 830(a) of this
title (relating to piperidine reporting).''
1978 - Subsec. (a)(9). Pub.
L. 95-633, Sec. 202(b)(1), added par. (9).
Subsec. (c)(2)(C). Pub. L.
95-633, Sec. 202(b)(2), added subpar. (C).
EFFECTIVE
DATE OF 1988 AMENDMENT
Amendment by 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 1978 AMENDMENT
Amendment by
Pub. L. 95-633 effective Nov. 10, 1978, see section 203(a) of Pub. L.
95-633 set out as an Effective Date note under section 830
of this title.
REPEALS
Pub. L. 96-359,
Sec. 8(b), Sept. 26, 1980, 94 Stat. 1194, repealed
section 203(d) of Pub. L. 95-633, which had provided for the
repeal of subsecs. (a)(9) and (c)(2)(C) of this section effective
Jan. 1, 1981.
-SECREF-
SECTION REFERRED
TO IN OTHER SECTIONS
This section is referred
to in sections 843a, 961
of this title.
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