Controlled Substances Import and Export
Act
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER II - IMPORT AND EXPORT
Section 1000 [951 note] Short Title
This title may be cited as the "Controlled Substances Import and Export
Act.''
§ 951. Definitions.
- (a) For purposes of this subchapter -
- (1) The term ''import'' means, with respect to any article, any bringing
in or introduction of such article into any area (whether or not such
bringing in or introduction constitutes an importation within the meaning
of the tariff laws of the United States).
- (2) The term ''customs territory of the United States'' has the meaning
assigned to such term by general note 2 of the Harmonized Tariff Schedule
of the United States.
- (b) Each term defined in section 802 of this title shall have the same
meaning for purposes of this subchapter as such term has for purposes of
subchapter I of this chapter.
§ 952. Importation of controlled substances.
- (a) Controlled substances in schedule I or II and narcotic drugs in
schedule III, IV, or V; exceptions
It shall be unlawful to import into the customs territory of the United States
from any place outside thereof (but within the United States), or to import
into the United States from any place outside thereof, any controlled substance
in schedule I or II of subchapter I of this chapter, or any narcotic drug in
schedule III, IV, or V of subchapter I of this chapter, except that -
- (1) such amounts of crude opium, poppy straw, concentrate of poppy straw,
and coca leaves as the Attorney General finds to be necessary to provide
for medical, scientific, or other legitimate purposes, and
- (2) such amounts of any controlled substance in schedule I or II or any
narcotic drug in schedule III, IV, or V that the Attorney General finds to
be necessary to provide for the medical, scientific, or other legitimate
needs of the United States -
- (A) during an emergency in which domestic supplies of such substance
or drug are found by the Attorney General to be inadequate,
- (B) in any case in which the Attorney General finds that competition
among domestic manufacturers of the controlled substance is inadequate
and will not be rendered adequate by the registration of additional
manufacturers under section 823 of this title, or
- (C) in any case in which the Attorney General finds that such controlled
substance is in limited quantities exclusively for scientific, analytical,
or research uses, may be so imported under such regulations as the
Attorney General shall prescribe. No crude opium may be so imported
for the purpose of manufacturing heroin or smoking opium.
- (b) Nonnarcotic controlled substances in schedule III, IV, or V
It shall be unlawful to import into the customs territory of the United States
from any place outside thereof (but within the United States), or to import
into the United States from any place outside thereof, any nonnarcotic controlled
substance in schedule III, IV, or V, unless such nonnarcotic controlled substance
-
- (1) is imported for medical, scientific, or other legitimate uses, and
- (2) is imported pursuant to such notification, or declaration, or in the
case of any nonnarcotic controlled substance in schedule III, such import
permit, notification, or declaration, as the Attorney General may by regulation
prescribe, except that if a nonnarcotic controlled substance in schedule
IV or V is also listed in schedule I or II of the Convention on Psychotropic
Substances it shall be imported pursuant to such import permit requirements,
prescribed by regulation of the Attorney General, as are required by the
Convention.
In addition to the amount of coca leaves authorized to be imported into the
United States under subsection (a) of this section, the Attorney General may
permit the importation of additional amounts of coca leaves. All cocaine and
ecgonine (and all salts, derivatives, and preparations from which cocaine or
ecgonine may be synthesized or made) contained in such additional amounts of
coca leaves imported under this subsection shall be destroyed under the supervision
of an authorized representative of the Attorney General.
§ 953. Exportation of controlled substances.
- (a) Narcotic drugs in schedule I, II, III, or IV
It shall be unlawful to export from the United States any narcotic drug in
schedule I, II, III, or IV unless -
- (1) it is exported to a country which is a party to -
- (A) the International Opium Convention of 1912 for the Suppression
of the Abuses of Opium, Morphine, Cocaine, and Derivative Drugs, or
to the International Opium Convention signed at Geneva on February
19, 1925; or
- (B) the Convention for Limiting the Manufacture and Regulating the
Distribution of Narcotic Drugs concluded at Geneva, July 13, 1931,
as amended by the protocol signed at Lake Success on December 11, 1946,
and the protocol bringing under international control drugs outside
the scope of the convention on July 13, 1931, for limiting the manufacture
and regulating the distribution of narcotic drugs (as amended by the
protocol signed at Lake Success on December 11, 1946), signed at Paris,
November 19, 1948; or
- (C) the Single Convention on Narcotic Drugs, 1961, signed at New
York, March 30, 1961;
- (2) such country has instituted and maintains, in conformity with the conventions
to which it is a party, a system for the control of imports of narcotic drugs
which the Attorney General deems adequate;
- (3) the narcotic drug is consigned to a holder of such permits or licenses
as may be required under the laws of the country of import, and a permit
or license to import such drug has been issued by the country of import;
- (4) substantial evidence is furnished to the Attorney General by the exporter
that (A) the narcotic drug is to be applied exclusively to medical or scientific
uses within the country of import, and (B) there is an actual need for the
narcotic drug for medical or scientific uses within such country; and
- (5) a permit to export the narcotic drug in each instance has been issued
by the Attorney General.
- (b) Exception for exportation for special scientific purposes
Notwithstanding subsection (a) of this section, the Attorney General may authorize
any narcotic drug (including crude opium and coca leaves) in schedule I, II,
III, or IV to be exported from the United States to a country which is a party
to any of the international instruments mentioned in subsection (a) of this
section if the particular drug is to be applied to a special scientific purpose
in the country of destination and the authorities of such country will permit
the importation of the particular drug for such purpose.
- (c) Nonnarcotic controlled substances in schedule I or II
It shall be unlawful to export from the United States any nonnarcotic controlled
substance in schedule I or II unless -
- (1) it is exported to a country which has instituted and maintains a system
which the Attorney General deems adequate for the control of imports of such
substances;
- (2) the controlled substance is consigned to a holder of such permits or
licenses as may be required under the laws of the country of import;
- (3) substantial evidence is furnished to the Attorney General that (A)
the controlled substance is to be applied exclusively to medical, scientific,
or other legitimate uses within the country to which exported, (B) it will
not be exported from such country, and (C) there is an actual need for the
controlled substance for medical, scientific, or other legitimate uses within
the country; and
- (4) a permit to export the controlled substance in each instance has been
issued by the Attorney General.
- (d) Exception for exportation for special scientific purposes
Notwithstanding subsection (c) of this section, the Attorney General may authorize
any nonnarcotic controlled substance in schedule I or II to be exported from
the United States if the particular substance is to be applied to a special
scientific purpose in the country of destination and the authorities of such
country will permit the importation of the particular drug for such purpose.
- (e) Nonnarcotic controlled substances in schedule III or IV; controlled
substances in schedule V
It shall be unlawful to export from the United States to any other country
any nonnarcotic controlled substance in schedule III or IV or any controlled
substances in schedule V unless -
- (1) there is furnished (before export) to the Attorney General documentary
proof that importation is not contrary to the laws or regulations of the
country of destination for consumption for medical, scientific, or other
legitimate purposes;
- (2) it is exported pursuant to such notification or declaration, or in
the case of any nonnarcotic controlled substance in schedule III, such export
permit, notification, or declaration as the Attorney General may by regulation
prescribe; and
- (3) in the case of a nonnarcotic controlled substance in schedule IV or
V which is also listed in schedule I or II of the Convention on Psychotropic
Substances, it is exported pursuant to such export permit requirements, prescribed
by regulation of the Attorney General, as are required by the Convention.
§ 954. Transshipment and in-transit shipment of controlled substances.
Notwithstanding sections 952, 953, and 957 of this title -
- (1) A controlled substance in schedule I may -
- (A) be imported into the United States for transshipment to another
country, or
- (B) be transferred or transshipped from one vessel, vehicle, or aircraft
to another vessel, vehicle, or aircraft within the United States for
immediate exportation, if and only if it is so imported, transferred,
or transshipped
- (i) for scientific, medical, or other legitimate purposes in
the country of destination, and
- (ii) with the prior written approval of the Attorney General
(which shall be granted or denied within 21 days of the request).
- (2) A controlled substance in schedule II, III, or IV may be so imported,
transferred, or transshipped if and only if advance notice is given to the
Attorney General in accordance with regulations of the Attorney General.
§ 955. Possession on board vessels, etc., arriving in or departing
from United States.
It shall be unlawful for any person to bring or possess on board any vessel
or aircraft, or on board any vehicle of a carrier, arriving in or departing
from the United States or the customs territory of the United States, a controlled
substance in schedule I or II or a narcotic drug in schedule III or IV, unless
such substance or drug is a part of the cargo entered in the manifest or part
of the official supplies of the vessel, aircraft, or vehicle.
§ 955a to 955d. Transferred.
§ 956. Exemption authority.
- (a) Individual possessing controlled substance
The Attorney General may by regulation exempt from sections 952(a) and (b),
953, 954, and 955 of this title any individual who has a controlled substance
(except a substance in schedule I) in his possession for his personal medical
use, or for administration to an animal accompanying him, if he lawfully obtained
such substance and he makes such declaration (or gives such other notification)
as the Attorney General may by regulation require.
- (b) Compound, mixture, or preparation
The Attorney General may by regulation except any compound, mixture, or preparation
containing any depressant or stimulant substance listed in paragraph (a) or
(b) of schedule III or in schedule IV or V from the application of all or any
part of this subchapter if (1) the compound, mixture, or preparation contains
one or more active medicinal ingredients not having a depressant or stimulant
effect on the central nervous system, and (2) such ingredients are included
therein in such combinations, quantity, proportion, or concentration as to
vitiate the potential for abuse of the substances which do have a depressant
or stimulant effect on the central nervous system.
§ 957. Persons required to register.
No person may -
- (1) import into the customs territory of the United States from any place
outside thereof (but within the United States), or import into the United
States from any place outside thereof, any controlled substance or list I
chemical, or
- (2) export from the United States any controlled substance or list I chemical,
unless there is in effect with respect to such person a registration issued
by the Attorney General under section 958 of this title, or unless such person
is exempt from registration under subsection (b) of this section.
- (b) Exemptions
- (1) The following persons shall not be required to register under
the provisions of this section and may lawfully possess a controlled
substance or list I chemical:
- (A) An agent or an employee of any importer or exporter registered
under section 958 of this title if such agent or employee is
acting in the usual course of his business or employment.
- (B) A common or contract carrier or warehouseman, or an employee
thereof, whose possession of any controlled substance or list
I chemical is in the usual course of his business or employment.
- (C) An ultimate user who possesses such substance for a purpose
specified in section 802(25) (FOOTNOTE 1) of this title and in
conformity with an exemption granted under section 956(a) of
this title.
- (2) The Attorney General may, by regulation, waive the requirement
for registration of certain importers and exporters if he finds it
consistent with the public health and safety; and may authorize any
such importer or exporter to possess controlled substances or list
I chemicals for purposes of importation and exportation.
(FOOTNOTE 1) Section 802(25) of this title, referred to in subsec. (b)(1)(C),
was redesignated section 802(26) of this title by Pub. L. 98-473, title II,
Sec. 507(a), Oct. 12, 1984, 98 Stat. 2071, and was further redesignated section
802(27) of this title by Pub. L. 99-570, title I, Sec. 1003(b)(2), Oct. 27,
1986, 100 Stat. 3207-6.
§ 958. Registration requirements.
- (a) Applicants to import or export controlled substances in schedule
I or II
The Attorney General shall register an applicant to import or export a controlled
substance in schedule I or II if he determines that such registration is consistent
with the public interest and with United States obligations under international
treaties, conventions, or protocols in effect on May 1, 1971. In determining
the public interest, the factors enumerated in paragraph (1) through (6) of
section 823(a) of this title shall be considered.
- (b) Activity limited to specified substances
Registration granted under this section shall not entitle a registrant to
import or export controlled substances other than specified in the registration.
- (c) Applicants to import controlled substances in schedule III, IV,
or V or to export controlled substances in schedule III or IV; applicants
to import or export list I chemicals
- (1) The Attorney General shall register an applicant to import a
controlled substance in schedule III, IV, or V or to export a controlled
substance in schedule III or IV, unless he determines that the issuance
of such registration is inconsistent with the public interest. In determining
the public interest, the factors enumerated in paragraphs (1) through
(6) of section 823(d) of this title shall be considered.
- (2)
- (A) The Attorney General shall register an applicant to import
or export a list I chemical unless the Attorney General determines
that registration of the applicant is inconsistent with the public
interest. Registration under this subsection shall not be required
for the import or export of a drug product that is exempted under
section 802(39)(A)(iv) of this title.
- (B) In determining the public interest for the purposes of
subparagraph (A), the Attorney General shall consider the factors
specified in section 823(h) of this title.
- (d) Denial of application
- (1) The Attorney General may deny an application for registration
under subsection (a) of this section if he is unable to determine that
such registration is consistent with the public interest (as defined
in subsection (a) of this section) and with the United States obligations
under international treaties, conventions, or protocols in effect on
May 1, 1971.
- (2) The Attorney General may deny an application for registration
under subsection (c) of this section, or revoke or suspend a registration
under subsection (a) or (c) of this section, if he determines that
such registration is inconsistent with the public interest (as defined
in subsection (a) or (c) of this section) or with the United States
obligations under international treaties, conventions, or protocols
in effect on May 1, 1971.
- (3) The Attorney General may limit the revocation or suspension of
a registration to the particular controlled substance, or substances,
or list I chemical or chemicals, with respect to which grounds for
revocation or suspension exist.
- (4) Before taking action pursuant to this subsection, the Attorney
General shall serve upon the applicant or registrant an order to show
cause as to why the registration should not be denied, revoked, or
suspended. The order to show cause shall contain a statement of the
basis thereof and shall call upon the applicant or registrant to appear
before the Attorney General, or his designee, at a time and place stated
in the order, but in no event less than thirty days after the date
of receipt of the order. Proceedings to deny, revoke, or suspend shall
be conducted pursuant to this subsection in accordance with subchapter
II of chapter 5 of title 5. Such proceedings shall be independent of,
and not in lieu of, criminal prosecutions or other proceedings under
this subchapter or any other law of the United States.
- (5) The Attorney General may, in his discretion, suspend any registration
simultaneously with the institution of proceedings under this subsection,
in cases where he finds that there is an imminent danger to the public
health and safety. Such suspension shall continue in effect until the
conclusion of such proceedings, including judicial review thereof,
unless sooner withdrawn by the Attorney General or dissolved by a court
of competent jurisdiction.
- (6) In the event that the Attorney General suspends or revokes a
registration granted under this section, all controlled substances
or list I chemicals owned or possessed by the registrant pursuant to
such registration at the time of suspension or the effective date of
the revocation order, as the case may be, may, in the discretion of
the Attorney General, be seized or placed under seal. No disposition
may be made of any controlled substances or list I chemicals under
seal until the time for taking an appeal has elapsed or until all appeals
have been concluded, except that a court, upon application therefor,
may at any time order the sale of perishable controlled substances
or list I chemicals. Any such order shall require the deposit of the
proceeds of the sale with the court. Upon a revocation order becoming
final, all such controlled substances or list I chemicals (or proceeds
of the sale thereof which have been deposited with the court) shall
be forfeited to the United States; and the Attorney General shall dispose
of such controlled substances or list I chemicals in accordance with
section 881(e) of this title.
No registration shall be issued under this subchapter for a period in excess
of one year. Unless the regulations of the Attorney General otherwise provide,
sections 822(f), 825, 827, and 830 of this title shall apply to persons registered
under this section to the same extent such sections apply to persons registered
under section 823 of this title.
- (f) Rules and regulations
The Attorney General is authorized to promulgate rules and regulations and
to charge reasonable fees relating to the registration of importers and exporters
of controlled substances or list I chemicals under this section.
- (g) Scope of authorized activity
Persons registered by the Attorney General under this section to import or
export controlled substances or list I chemicals may import or export (and
for the purpose of so importing or exporting, may possess) such substances
to the extent authorized by their registration and in conformity with the other
provisions of this subchapter and subchapter I of this chapter.
- (h) Separate registrations for each principal place of business
A separate registration shall be required at each principal place of business
where the applicant imports or exports controlled substances or list I chemicals.
Except in emergency situations as described in section 952(a)(2)(A) of this
title, prior to issuing a registration under this section to a bulk manufacturer
of a controlled substance in schedule I or II, and prior to issuing a regulation
under section 952(a) of this title authorizing the importation of such a substance,
the Attorney General shall give manufacturers holding registrations for the
bulk manufacture of the substance an opportunity for a hearing.
§ 959. Possession, manufacture, or distribution of controlled substance.
- (a) Manufacture or distribution for purpose of unlawful importation
It shall be unlawful for any person to manufacture or distribute a controlled
substance in schedule I or II -
- (1) intending that such substance will be unlawfully imported into the
United States or into waters within a distance of 12 miles of the coast of
the United States; or
- (2) knowing that such substance will be unlawfully imported into the United
States or into waters within a distance of 12 miles of the coast of the United
States.
- (b) Possession, manufacture, or distribution by person on board aircraft
It shall be unlawful for any United States citizen on board any aircraft,
or any person on board an aircraft owned by a United States citizen or registered
in the United States, to -
- (1) manufacture or distribute a controlled substance; or
- (2) possess a controlled substance with intent to distribute.
- (c) Acts committed outside territorial jurisdiction of United States;
venue
This section is intended to reach acts of manufacture or distribution committed
outside the territorial jurisdiction of the United States. Any person who violates
this section shall be tried in the United States district court at the point
of entry where such person enters the United States, or in the United States
District Court for the District of Columbia.
§ 960. Prohibited acts A.
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) 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. (FOOTNOTE 1)
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 propanamide;
- (G) 100 kilograms or more of a mixture or substance containing
a detectable amount of marihuana; or
- (H) 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.(FOOTNOTE 2)
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, 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, 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 1) So in original. The period probably should be a semicolon.
(FOOTNOTE 2) So in original. The period probably should be a semicolon.
(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;
or
- (6) imports or exports a listed chemical in violation of section 957 or
971 of this title, shall be fined in accordance with title 18, imprisoned
not more than 10 years, or both.
§ 961. Prohibited acts B -- Penalties.
Any person who violates section 954 of this title or fails to notify the Attorney
General of an importation or exportation under section 971 of this title shall
be subject to the following penalties:
- (1) Except as provided in paragraph (2), any such person shall, with respect
to any such violation, be subject to a civil penalty of not more than $25,000.
Sections 842(c)(1) and (c)(3) of this title shall apply to any civil penalty
assessed under this paragraph.
- (2) If such a violation is prosecuted by an information or indictment which
alleges that the violation was committed knowingly or intentionally and the
trier of fact specifically finds that the violation was so committed, such
person shall be sentenced to imprisonment for not more than one year or a
fine of not more than $25,000 or both.
§ 962. Second or subsequent offenses.
- (a) Term of imprisonment and fine
Any person convicted of any offense under this subchapter is, if the offense
is a second or subsequent offense, punishable by a term of imprisonment twice
that otherwise authorized, by twice the fine otherwise authorized, or by both.
If the conviction is for an offense punishable under section 960(b) of this
title, and if it is the offender's second or subsequent offense, the court
shall impose, in addition to any term of imprisonment and fine, twice the term
of supervised release otherwise authorized.
- (b) Determination of status
For purposes of this section, a person shall be considered convicted of a
second or subsequent offense if, prior to the commission of such offense, one
or more prior convictions of such person for a felony drug offense have become
final.
- (c) Procedures applicable
Section 851 of this title shall apply with respect to any proceeding to sentence
a person under this section.
§ 963. Attempt and conspiracy.
Any person who attempts or conspires to commit any offense defined in this
subchapter shall be subject to the same penalties as those prescribed for the
offense, the commission of which was the object of the attempt or conspiracy.
§ 964. Additional penalties.
Any penalty imposed for violation of this subchapter shall be in addition
to, and not in lieu of, any civil or administrative penalty or sanction authorized
by law.
§ 965. Applicability of part E of subchapter I.
Part E of subchapter I of this chapter shall apply with respect to functions
of the Attorney General (and of officers and employees of the Bureau of Narcotics
and Dangerous Drugs) under this subchapter, to administrative and judicial
proceedings under this subchapter, and to violations of this subchapter, to
the same extent that such part applies to functions of the Attorney General
(and such officers and employees) under subchapter I of this chapter, to such
proceedings under subchapter I of this chapter, and to violations of subchapter
I of this chapter. For purposes of the application of this section to section
880 or 881 of this title, any reference in such section 880 or 881 of this
title to ''this subchapter'' shall be deemed to be a reference to this subchapter,
any reference to section 823 of this title shall be deemed to be a reference
to section 958 of this title, and any reference to section 822(d) of this title
shall be deemed to be a reference to section 957(b)(2) of this title.
§ 966. Authority of Secretary of the Treasury.
Nothing in this chapter shall derogate from the authority of the Secretary
of the Treasury under the customs and related laws.
§ 970. Criminal forfeitures.
Section 853 of this title, relating to criminal forfeitures, shall apply in
every respect to a violation of this subchapter punishable by imprisonment
for more than one year.
§ 971. Notification, suspension of shipment, and penalties with respect
to importation and exportation of listed chemicals.
- (a) Notification prior to transaction
Each regulated person who imports or exports a listed chemical shall notify
the Attorney General of the importation or exportation not later than 15 days
before the transaction is to take place.
- (b) Regular customers or importers
- (1) The Attorney General shall provide by regulation for circumstances
in which the requirement of subsection (a) of this section does not
apply to a transaction between a regulated person and a regular customer
or to an importation by a regular importer. At the time of any importation
or exportation constituting a transaction referred to in the preceding
sentence, the regulated person shall notify the Attorney General of
the transaction.
- (2) The regulations under this subsection shall provide that the
initial notification under subsection (a) of this section with respect
to a customer of a regulated person or to an importer shall, upon the
expiration of the 15-day period, qualify the customer as a regular
customer or the importer as a regular importer, unless the Attorney
General otherwise notifies the regulated person in writing.
- (c) Suspension of importation or exportation; disqualification of regular
customers or importers; hearing
- (1) The Attorney General may order the suspension of any importation
or exportation of a listed chemical (other than a regulated transaction
to which the requirement of subsection (a) of this section does not
apply by reason of subsection (b) of this section) or may disqualify
any regular customer or regular importer on the ground that the chemical
may be diverted to the clandestine manufacture of a controlled substance.
From and after the time when the Attorney General provides written
notice of the order (including a statement of the legal and factual
basis for the order) to the regulated person, the regulated person
may not carry out the transaction.
- (2) Upon written request to the Attorney General, a regulated person
to whom an order applies under paragraph (1) is entitled to an agency
hearing on the record in accordance with subchapter II of chapter 5
of title 5. The hearing shall be held on an expedited basis and not
later than 45 days after the request is made, except that the hearing
may be held at a later time, if so requested by the regulated person.
- (d) Broker or trader for international transaction in listed chemical
A person located in the United States who is a broker or trader for an international
transaction in a listed chemical that is a regulated transaction solely because
of that person's involvement as a broker or trader shall, with respect to that
transaction, be subject to all of the notification, reporting, recordkeeping,
and other requirements placed upon exporters of listed chemicals by this subchapter
and subchapter I of this chapter.
- (e) Application of notification requirement to exports of listed chemical;
waiver
- (1) The Attorney General may by regulation require that the 15-day
notification requirement of subsection (a) of this section apply to
all exports of a listed chemical to a specified country, regardless
of the status of certain customers in such country as regular customers,
if the Attorney General finds that such notification is necessary to
support effective chemical diversion control programs or is required
by treaty or other international agreement to which the United States
is a party.
- (2) The Attorney General may by regulation waive the 15-day notification
requirement for exports of a listed chemical to a specified country
if the Attorney General determines that such notification is not required
for effective chemical diversion control. If the notification requirement
is waived, exporters of the listed chemical shall be required to submit
to the Attorney General reports of individual exportations or periodic
reports of such exportation of the listed chemical, at such time or
times and containing such information as the Attorney General shall
establish by regulation.
- (3) The Attorney General may by regulation waive the 15-day notification
requirement for the importation of a listed chemical if the Attorney
General determines that such notification is not necessary for effective
chemical diversion control. If the notification requirement is waived,
importers of the listed chemical shall be required to submit to the
Attorney General reports of individual importations or periodic reports
of the importation of the listed chemical, at such time or times and
containing such information as the Attorney General shall establish
by regulation.
PART B - AMENDMENTS AND REPEALS, TRANSITIONAL
AND EFFECTIVE DATE PROVISIONS
SEC 1101. REPEALS
- (a) The following provisions of law are repealed:
- (1) The Act of February 23, 1887 (21 USC 191-193).
- (2) The Narcotic Drugs Import and Export Act (21 USC 171, 173, 174-184,
185).
- (3) The Act of March 28, 1928 (31 USC 529a).
- (4) Sections 2(b), 6, 7, nd 8 of the Act of June 14, 1930 (21 USC
162(b), 173a, 197, 198).
- (5) The Act of July 3, 1930 (21 USC 199).
- (6) Section 6 of the Act of March 28, 1928 (31 USC 529g).
- (7) The Opium Poppy Control Act of 1942 (21 USC 188-188n).
- (8) Section 15 of the Act of August 1, 1956 (48 USC 1421m).
- (9) The Act of July 11, 1941 (21 USC 184a).
- (10) The Narcotics Manufacturing Act of 1960 (21 USC 501-517).
- (b)
- (1)
- (A) Chapter 68 of title 18 of the United States Code (relating
to narcotics) is repealed.
- (B) The item relating to such chapter 68 in the analysis of
part I if such title 18 is repealed.
- (2)
- (A) Section 3616 of title 18 of the United States Code (relating
to use of confiscated moter vehicles) is repealed.
- (B) The item relating to such section 3616 in the analysis
of chapter 229 of such title 18 is repealed.
- (3)
- (A) Subchapter A of chapter 39 of the Internal Revenue Code
of 1954 (relating to narcotic drugs and marihuana) is repealed.
- (B) The table of subchapters of such chapter 39 is amended
by striking out
"SUBCHAPTER A. NArcotic drugs and marihuana."
- (4)
- (A) Sections 7237 (relating to violation of laws relating to
narcotic drugs and to marihuana) and 7238 (relating to violations
of laws relating to opium for smoking) of the Internal Revenue
Code of 1954 is repealed.
- (B) The table of sections of part II Subchapter A of charpter
75 of the Internal Revenue Code of 1954 is amended by striking
out the items relating such sections 7237 and 7238.
- (5)
- (A) Section 7491 of the Internal Revenue Code of 1954 (relating
to burden of proof of exemptions in case of marihuana offense)
is repealed.
- (B) The table of sections for subchapter E of chapter 76 of
the Internal Revenue Code of 1954 is amended by striking out
the item relating to such section 7491.
Sec 1102. [4901(a)]. Conforming Amendments
- (a) Section 4901(a) of the Internal Revenue Code of 1954 is amended by
striking out the comma immediately before "4461" and inserting
in lieu thereof "or", and by striking out ",4721 (narcotic
drugs), or 4751 (marihuana)".
- (b) Section 4905(b)(1) of the Internal Revenue Code of 1954 (relating to
registration) is amended by striking out ", narcotics, marihuana," and ",
4722, 4753,".
- (c) Section 6808 of the Internal Revenue Code of 1954 (relating to special
provisions relating to stamps) is amended by striking out paragraph (8).
- (d) Section 7012 of the Internal Revenue Code of 1954 (relating to cross
references) is amended by striking out subsections (a) and (b).
- (e) Section 7103 of the Internal Revenue Code of 1954 (relating to bonds
required with respect to certain products) is amended by striking out subparagraph
(D).
- (f) Section 7326 of the Internal Revenue Code of 1954 (relating to disposal
or forfeited or abandoned property in special cases) is amended by striking
out subsection (b).
- (g)
- (1) Section 7607 of the Internal Revenue Code of 1954 (relating to
additional authority for Bureau of Narcotics and Bureau of Customs)
is amended -
- (A) by striking out "The Commissioner, Deputy Commissioner,
Assistant to the Commissioner, and agents of the Bureau of Narcotics
of the Department of the Treasury, and officers" and inserting
in lieu therof "officers".
- (B) by striking out in paragraph (2) "narcotic drugs (as
defined in section 4731) or marihuana (as defined in section
4761)" and inserting in lieu thereof "narcotic drugs
(as defined in section 102(16) of the Controlled Substances Act)
or marihuana (as defined in section 102(15) of the Controlled
Substances Act)"; and
- (C) by striking out "Bureau of Narcotics and" in
the section heading.
- (2) The item relating to section 7607 in the table of contents of
subchapter A of chapter 78 of the Internal Revenue Code of 1954 is
amended by striking out "Bureau of Narcotics and".
- (h) Section 7609(a) of the Internal Revenue Code of 1954 (relating
to cross references) is amended by striking out paragraphs (3) and (4).
- (i) Section 7641 of the Internal Revenue Code of 1954 (relating
to supervision of operations of certain manufacturers) is amended by striking
out "opium suitable for smoking purposes,".
- (j) Section 7651 of the Internal Revenue Code of 1954 (relating
to administration and collection of taxes in possessions) is amended by striking
out "and in sections 4705(b), 4735, and 4762 (relating to taxes on narcotic
drugs and marihuana)".
- (k) Section 7655(a) of the Internal Revenue Code of 1954 (relating
to cross references) is amended by striking out paragraphs (3) and (4).
- (l) Section 2901(a) of title 28 of the United States Code is amended
by striking out "as defined by section 4731 of the Internal Revenue
Code of 1954, as amended," and inserting in lieu thereof "as defined
by section 102(16) of the Controlled Substances Act".
- (m) The last sentence of the second paragraph of section 584 of
the Act of June 17, 1930 (19 U.S.C. 1584), is amended to read as follows: "As
used in this paragraph, the terms 'opiate' and 'marihuana' shall have the
same meaning given those terms by sections 102(17) and 102(15), respectively,
of the Controlled Substances Act."
- (n)
- (1) The first section of the Act of August 7, 1939 (31 U.S.C. 529a),
is repealed.
- (2) Section 3 of such Act (31 U.S.C. 529d) is amended by striking
out "or the Commissioner of Narcotics, as the case may be,".
- (3) Section 4 of such Act (31 U.S.C. 529e) is amended by striking
out "or narcotics" each place it appears.
- (4) Section 5 of such Act (31 U.S.C. 529f) is amended by striking
out "or narcotics" in the first sentence.
- (o) Section 308(c)(2) of the Act of August 27, 1935 (40 U.S.C. 304m)
is amended by striking out "Narcotic Drug Import and Export Act" and
inserting in lieu thereof "Controlled Substances Act".
- (p) Paragraph (a) of section 301 of the Narcotic Addict Rehabilitation
Act of 1966 (42 U.S.C. 3411) is amended by striking out "as defined
in section 4731 of the Internal Revenue Code of 1954, as amended," and
inserting in lieu thereof "as defined in section 102(16) of the Controlled
Substances Act."
- (q) 1
- (r) Paragraph (d) of section 7 of the Act of August 9, 1939 (49
U.S.C. 787) is amended to read as follows:
- "(d) The term 'narcotic drug' shall have the meaning given that
term by section 102(16) of the Controlled Substances Act and shall
also include marihuana as defined by section 102(15) of such Act;".
- (s) Paragraph (a) of section 4251 of title 18, United States Code,
is amended by striking out "as defined in section 4731 of the Internal
Revenue Code of 1954, as amended," and inserting in lieu thereof "as
defined in section 102(16) of the Controlled Substances Act".
- (t) The first section of the Act of August 11, 1955 (21 U.S.C. 198a),
is amended to read as follows: 'That for the purpose of any investigation
which, in the opinion of the Secretary of the Treasury, is necessary and
proper to the enforcement of section 545 of title 18 of the United States
Code (relating to smuggling goods into the United States) with respect to
any controlled substance (as defined in section 102 of the Controlled Substances
Act), the Secretary of the Treasury may administer oaths and affirmations,
subpena witnesses, compel their attendance, take evidence, and require the
production of records (including books, papers, documents, and tangible things
which constitute or contain evidence) relevant or material to the investigation.
The attendance of witnesses and the production of records may be required
from any place within the customs territory of the United States, except
that a witness shall not be required to appear at any hearing distant more
than 100 miles from the place where he was served with subpena. Witnesses
summoned by the Secretary shall be paid the same fees and mileage that are
paid witnesses in the courts of the United States. Oaths and affirmations
may be made at any place subject to the jurisdiction of the United States."
1 So in law. Section (q) is omitted.
Sec 1103. [171 note] Pending Proceedings
- (a) Prosecutions for any violation of law occurring prior to the
effective date of section 1101 shall not be affected by the repeals or amendments
made by such section or section 1102, or abated by reason thereof.
- (b) Civil seizures or forfeitures and injunctive proceedings commenced
prior to the effective date of section 1101 shall not be affected by the
repeals or amendments made by such section or section 1102, or abated by
reason thereof.
Sec 1104. [957 note] Provisional Registration
- (a)
- (1) Any person -
- (A) who is engaged in importing or exporting any controlled
substance on the day before the effective date of section 1007
- (B) who notifies the Attorney General that he is so engaged,
and
- (C) who is registered on such day under section 510 of the
Federal Food, Drug, and Cosmetic Act (section 360 of this title)
or under section 4722 of the Internal Revenue Code of 1986 (formerly
I.R.C. 1954, section 4722 of title 26),
shall, with respect to each establishment for which such registration
is in effect under any such section, be deemed to have a provisional
registration under section 1008 (section 958 of this title) for
the import or export (as the case may be) of controlled substances.
- (2) During the period his provisional registration is in effect under
this section, the registration number assigned such person under such
section 510 or under such section 4722 (as the case may be) shall be
his registration number for purposes of part A of this title (this
subchapter).
- (b) The provisions of section 304 (section 824 of this title), relating
to suspension and revocation of registration, shall apply to a provisional
registration under this section.
- (c) Unless sooner suspended or revoked under subsection (b), a provisional
registration of a person under subsection (a)(1) of this section shall be
in effect until -
- (1) the date on which such person has registered with the Attorney
General under section 1008 (section 958 of this title) or has had his
registration denied under such section, or
- (2) such date as may be prescribed by the Attorney General for registration
of importers or exporters, as the case may be, whichever occurs first.
SEC 1105. [951 note] Effective Dates and Other Transitional Provisions
- (a) Except as otherwise provided in this section, this title (see Short
Title note below) shall become effective on the first day of the seventh
calendar month that begins after the day immediately preceding the date of
enactment (Oct. 27, 1970).
- (b) Sections 1000, 1001, 1006, 1015, 1016, 1103, 1104 (see Short Title
note below and sections 171 note, 951, 956, 957 note, 965, and 966 of this
title), and this section shall become effective upon enactment (Oct. 27,
1970).
- (c)
- (1) If the Attorney General, pursuant to the authority of section
704(c) of title II (set out as a note under section 801 of this title),
postpones the effective date of section 306 (relating to manufacturing
quotas) (section 826 of this title) for any period beyond the date
specified in section 704(a) (set out as a note under section 801 of
this title), and such postponement applies to narcotic drugs, the repeal
of the Narcotics Manufacturing Act of 1960 (sections 501 to 517 of
this title) by paragraph (10) of section 1101(a) of this title is hereby
postponed for the same period, except that the postponement made by
this paragraph shall not apply to the repeal of sections 4, 5, 13,
15, and 16 of that Act (which were classified to sections 182, 503,
511, and 513 of this title and sections 4702, 4731, and 4731 note of
Title 26, Internal Revenue Code).
- (2) Effective for any period of postponement, by paragraph (1) of
this subsection, of the repeal of provisions of the Narcotics Manufacturing
Act of 1960 (sections 501 to 517 of this title), that Act shall be
applied subject to the following modifications: ''
- (A) The term 'narcotic drug' shall mean a narcotic drug as
defined in section 102(16) of title II (section 802(16) of this
title), and all references, in the Narcotics Manufacturing Act
of 1960 (sections 501 to 517 of this title), to a narcotic drug
as defined by section 4731 of the Internal Revenue Code of 1986
(formerly I.R.C. 1954, section 4731 of Title 26) are amended
to refer to a narcotic drug as defined by such section 102(16)
(section 802(16) of this title).
- (B) On and after the date prescribed by the Attorney General
pursuant to clause (2) of section 703(c) of title II, (set out
as a note under section 822 of this title), the requirements
of a manufacturer's license with respect to a basic class of
narcotic drug under the Narcotics Manufacturing Act of 1960 (sections
501 to 517 of this title), and of a registration under section
4722 of the Internal Revenue Code of 1986 (formerly I.R.C. 1954,
section 4722 of Title 26) as a prerequisite to issuance of such
a license, shall be superseded by a requirement of actual registration
(as distinguished from provisional registration) as a manufacturer
of that class of drug under section 303(a) of title II (section
823(a) of this title).
- (C) On and after the effective date of the repeal of such section
4722 (section 4722 of title 26) by section 1101(b)(3) of this
title, but prior to the date specified in subparagraph (B) of
this paragraph, the requirement of registration under such section
4722 (section 4722 of title 26) as a prerequisite of a manufacturer's
license under the Narcotics Manufacturing Act of 1960 (sections
501 to 517 of this title) shall be superseded by a requirement
of either (i) actual registration as a manufacturer under section
303 of title II (section 823 of this title) or (ii) provisional
registration (by virtue of a preexisting registration under such
section 4722) under section 703 of title II (set out as a note
under section 822 of this title).
- (d) Any orders, rules and regulations which have been promulgated under
any law affected by this title (see Short Title note above) and which are
in effect on the day preceding enactment of this title (Oct. 27, 1970) shall
continue in effect until modified, superseded, or repealed.