-CITE-
21 USC Sec. 960 01/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION
AND CONTROL
SUBCHAPTER II - IMPORT AND
EXPORT
-HEAD-
Sec. 960. Prohibited acts
A
-STATUTE-
(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-phenylethyl )-4-piperidinyl
) propanamide or 100 grams or more of a mixture or substance
containing a detectable amount of any analogue of N-pheny 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 grams or more of a mixture or substance
containing a detectable amount of methamphetamine, its salts,
isomers, or salts of its isomers. (FOOTNOTE 1)
(FOOTNOTE 1) So in original.
The period probably should be a semicolon.
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 a prior conviction for
a felony drug offense
has 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-phenylethyl ) -4-piperidinyl
) propanamide or 10 grams or more of a mixture or substance
containing a detectable amount of any analogue of N-pheny ropanamide;
(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. (FOOTNOTE 2)
(FOOTNOTE 2) So in original.
The period probably should be a semicolon.
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 a prior conviction for
a felony drug offense
has 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, (FOOTNOTE 3) (except a violation
involving flunitrazepam and except a violation involving gamma hydroxybutyric
acid) 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.
(FOOTNOTE 3) So in original.
(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 chapter;
(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 recordkeeping
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. (FOOTNOTE
4)
(FOOTNOTE 4) So in original.
The period probably should be a comma.
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.
-SOURCE-
(Pub. L. 91-513, title III,
Sec. 1010, Oct. 27, 1970, 84 Stat. 1290;
Pub. L. 98-473, title II, Sec. 225, formerly Sec. 225(a), 504,
Oct. 12, 1984, 98 Stat. 2030, 2070; Pub. L. 99-570, title I, Sec.
1004(a), 1005(c), 1302, 1866(e), Oct. 27, 1986, 100 Stat. 3207-6,
3207-15, 3207-55; Pub. L. 100-690, title VI, Sec. 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, Sec. 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.)
-REFTEXT-
REFERENCES
IN TEXT
Schedules I, II, III, IV,
and V, 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.
-MISC2-
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, Sec. 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.
-SECREF-
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.
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