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21 USC Sec. 843 01/22/02

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TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties

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Sec. 843. Prohibited acts C

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(a) Unlawful acts
It shall be unlawful for any person knowingly or intentionally -

(1) who is a registrant to distribute a controlled substance classified in schedule I or II, in the course of his legitimate business, except pursuant to an order or an order form as required by section 828 of this title;

(2) to use in the course of the manufacture, distribution, or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, expired, or issued to another person;

(3) to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge;

(4)(A) to furnish false or fraudulent material information in, or omit any material information from, any application, report, record, or other document required to be made, kept, or filed under this subchapter or subchapter II of this chapter, or (B) to present false or fraudulent identification where the person is receiving or purchasing a listed chemical and the person is required to present identification under section 830(a) of this title;

(5) to make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit substance;

(6) to possess any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this subchapter or subchapter II of this chapter;

(7) to manufacture, distribute, export, or import any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this subchapter or subchapter II of this chapter or, in the case of an exportation, in violation of this subchapter or subchapter II of this chapter or of the laws of the country to which it is exported;

(8) to create a chemical mixture for the purpose of evading a requirement of section 830 of this title or to receive a chemical mixture created for that purpose; or

(9) to distribute, import, or export a list I chemical without the registration required by this subchapter or subchapter II of this chapter.

(b) Communication facility
It shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under any provision of this subchapter or subchapter II of this chapter. Each separate use of a communication facility shall be a separate offense under this subsection. For purposes of this subsection, the term ''communication facility'' means any and all public and private instrumentalities used or useful in the transmission of writing, signs, signals, pictures, or sounds of all kinds and includes mail, telephone, wire, radio, and all other means of communication.

(c) Advertisement
It shall be unlawful for any person to place in any newspaper, magazine, handbill, or other publications, any written advertisement knowing that it has the purpose of seeking or offering illegally to receive, buy, or distribute a Schedule (FOOTNOTE 1) I controlled substance. As used in this section the term ''advertisement'' includes, in addition to its ordinary meaning, such advertisements as those for a catalog of Schedule (FOOTNOTE 1) I controlled substances and any similar written advertisement that has the purpose of seeking or offering illegally to receive, buy, or distribute a Schedule (FOOTNOTE 1) I controlled substance. The term ''advertisement'' does not include material which merely advocates the use of a similar material, which advocates a position or practice, and does not attempt to propose or facilitate an actual transaction in a Schedule (FOOTNOTE 1) I controlled substance.

(FOOTNOTE 1) So in original. Probably should not be capitalized.

(d) Penalties

(1) Except as provided in paragraph (2), any person who violates this section shall be sentenced to a term of imprisonment of not more than 4 years, a fine of not more than $30,000, or both; except that if any person commits such a violation after one or more prior convictions of him for violation of this section, or for a felony 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 8 years, a fine of not more than $60,000, or both.

(2) Any person who, with the intent to manufacture or to facilitate the manufacture of methamphetamine, violates paragraph (6) or (7) of subsection (a) of this section, shall be sentenced to a term of imprisonment of not more than 10 years, a fine of not more than $30,000, or both; except that if any person commits such a violation after one or more prior convictions of that person -

(A) for a violation of paragraph (6) or (7) of subsection (a) of this section;

(B) for a felony under any other provision of this subchapter or subchapter II of this chapter; or

(C) under any other law of the United States or any State relating to controlled substances or listed chemicals, has become final, such person shall be sentenced to a term of imprisonment of not more than 20 years, a fine of not more than $60,000, or both.

(e) Additional penalties
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) Injunctions

(1) In addition to any penalty provided in this section, the Attorney General is authorized to commence a civil action for appropriate declaratory or injunctive relief relating to violations of this section or section 842 of this title.

(2) Any action under this subsection may be brought in the district court of the United States for the district in which the defendant is located or resides or is doing business.

(3) Any order or judgment issued by the court pursuant to this subsection shall be tailored to restrain violations of this section or section 842 of this title.

(4) The court shall proceed as soon as practicable to the hearing and determination of such an action. An action under this subsection is governed by the Federal Rules of Civil Procedure except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure.

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(Pub. L. 91-513, title II, Sec. 403, Oct. 27, 1970, 84 Stat. 1263; Pub. L. 95-633, title II, Sec. 202(b)(3), Nov. 10, 1978, 92 Stat. 3776; Pub. L. 98-473, title II, Sec. 516, Oct. 12, 1984, 98 Stat. 2074; Pub. L. 99-570, title I, Sec. 1866(a), Oct. 27, 1986, 100 Stat. 3207-54; Pub. L. 100-690, title VI, Sec. 6057, Nov. 18, 1988, 102 Stat. 4319; Pub. L. 103-200, Sec. 3(g), Dec. 17, 1993, 107 Stat. 2337; Pub. L. 103-322, title IX, Sec. 90106, Sept. 13, 1994, 108 Stat. 1988; Pub. L. 104-237, title II, Sec. 203(a), 206(b), Oct. 3, 1996, 110 Stat. 3102, 3103.)

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REFERENCES IN TEXT

Schedules I and II, referred to in subsecs. (a)(1) and (c), are set out in section 812(c) of this title.

The Federal Rules of Civil Procedure, referred to in subsec. (f)(4), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

The Federal Rules of Criminal Procedure, referred to in subsec. (f)(4), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.

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AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-237, Sec. 203(a), inserted par. (1) designation, substituted ''Except as provided in paragraph (2), any person'' for ''Any person'', and added par. (2).

Subsec. (e). Pub. L. 104-237, Sec. 206(b)(1), inserted ''manufacture, exportation,'' after ''distribution,'' and struck out ''regulated'' after ''engaging in any''.

Subsec. (f). Pub. L. 104-237, Sec. 206(b)(2), added subsec. (f).

1994 - Subsecs. (c) to (e). Pub. L. 103-322 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

1993 - Subsec. (a)(6), (7). Pub. L. 103-200, Sec. 3(g)(1), amended pars. (6) and (7) generally. Prior to amendment, pars. (6) and (7) read as follows:

''(6) to possess any three-neck round-bottom flask, tableting machine, encapsulating machine, gelatin capsule, or equipment specially designed or modified to manufacture a controlled substance, with intent to manufacture a controlled substance except as authorized by this subchapter;

''(7) to manufacture, distribute, or import any three-neck round-bottom flask, tableting machine, encapsulating machine, gelatin capsule, or equipment specially designed or modified to manufacture a controlled substance, knowing that it will be used to manufacture a controlled substance except as authorized by this subchapter; or''.

Subsec. (a)(9). Pub. L. 103-200, Sec. 3(g)(2), (3), added par. (9).

1988 - Subsec. (a)(4)(B). Pub. L. 100-690, Sec. 6057(a)(1), substituted ''a listed chemical'' for ''piperidine''.

Subsec. (a)(6) to (8). Pub. L. 100-690, Sec. 6057(a)(2)-(4), added pars. (6) to (8).

Subsec. (d). Pub. L. 100-690, Sec. 6057(b), added subsec. (d).

1986 - Subsec. (a)(2). Pub. L. 99-570 substituted a semicolon for the period at end.

1984 - Subsec. (a)(2). Pub. L. 98-473 added applicability to dispensing, acquiring, or obtaining a controlled substance, and applicability to an expired number.

1978 - Subsec. (a)(4). Pub. L. 95-633, Sec. 202(b)(3), designated existing provisions as subpar. (A) and added subpar. (B).

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 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, except as otherwise provided, 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 subsec. (a)(4)(B) of this section effective Jan. 1, 1981.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 864 of this title.

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