-CITE-
21 USC Part D - Offenses and Penalties
01/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION
AND CONTROL
SUBCHAPTER I - CONTROL AND
ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Part D - Offenses and Penalties
-CITE-
21 USC Sec. 841 01/22/02
-EXPCITE-
TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION
AND CONTROL
SUBCHAPTER I - CONTROL AND
ENFORCEMENT
Part D - Offenses and Penalties
-HEAD-
Sec. 841. Prohibited acts A
-STATUTE-
(a) Unlawful acts
Except as authorized by this subchapter, it shall be unlawful for any person
knowingly or intentionally -
(1) to manufacture,
distribute, or dispense, or possess with intent
to manufacture, distribute, or dispense, a controlled substance;
or
(2) to create, distribute, or
dispense, or possess with intent to
distribute or dispense, a counterfeit substance.
(b) Penalties
Except as otherwise provided
in section 849, 859, 860,
or 861 of this
title, any person who violates subsection (a) of this section shall
be sentenced as follows:
(1)(A) In the
case of a violation of subsection (a) of thissection
involving -
(i) 1 kilogram or more of
a mixture or substance containing a detectable amount of heroin;
(ii) 5 kilograms or more of
a mixture or substance containing a detectable
amount of -
(I) coca leaves, except
coca leaves and extracts of coca leaves from which cocaine, ecgonine,
and derivatives of ecgonine
or their salts have been removed;
(II) cocaine, its salts,
optical and geometric isomers, and salts of isomers;
(III) ecgonine, its derivatives,
their salts, isomers, and salts
of isomers; or
(IV) any compound, mixture,
or preparation which contains any quantity
of any of the substances referred to in subclauses (I) through
(III);
(iii) 50 grams or more of
a mixture or substance described in clause
(ii) which contains cocaine base;
(iv) 100 grams or more of
phencyclidine (PCP) or 1 kilogram or more
of a mixture or substance containing a detectable amount of phencyclidine
(PCP);
(v) 10 grams or more of a
mixture or substance containing a detectable
amount of lysergic acid diethylamide (LSD);
(vi) 400 grams or more of
a mixture or substance containing a detectable
amount of N-phenyl-N- ( 1- ( 2-phenylethyl )-4-piperidinyl
) propanamide or 100 grams or more of a mixture or substance
containing a detectable amount of any analogue of N-pheny propanamide;
(vii) 1000 kilograms or more
of a mixture or substance containing
a detectable amount of marihuana, or 1,000 or more marihuana
plants regardless of weight; or
(viii) 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; such
person shall be sentenced to a term of imprisonment which may not be
less than 10 years or more than life and if death or serious bodily
injury results from the use of such substance shall be not less than
20 years or more than life, a fine not to exceed the greater of that
authorized in accordance with the provisions of title 18 or $4,000,000
if the defendant is an individual or $10,000,000 if the defendant is
other than an individual, or both. If any person commits such a violation
after a prior conviction for a felony drug offense has become final,
such person shall be sentenced to a term of imprisonment which may not
be less than 20 years and not more than life imprisonment and if death
or serious bodily injury results from the use of such substance shall
be sentenced to life imprisonment, a fine not to exceed the greater
of twice that authorized in accordance with the provisions of title
18 or $8,000,000 if the defendant is an individual or $20,000,000 if
the defendant is other than an individual, or both. If any person commits
a violation of this subparagraph or of section 849, 859, 860, or 861
of this title after two or more prior convictions for a felony drug
offense have become final, such person shall be sentenced to a mandatory
term of life imprisonment without release and fined in accordance with
the preceding sentence. Any sentence under this subparagraph shall,
in the absence of such a prior conviction, impose a term of supervised
release of at least 5 years in addition to such term of imprisonment
and shall, if there was such a prior conviction, impose a term of supervised
release of at least 10 years in addition to such term of imprisonment.
Notwithstanding any other provision of law, the court shall not place
on probation or suspend the sentence of any person sentenced under this
subparagraph. No person sentenced under this subparagraph shall be eligible
for parole during the term of imprisonment imposed therein.
(B) In the
case of a violation of subsection (a) of this section involving
-
(i) 100 grams or more of a
mixture or substance containing a detectable
amount of heroin;
(ii) 500 grams or more of
a mixture or substance containing a detectable
amount of -
(I) coca leaves, except
coca leaves and extracts of coca leaves
from which cocaine, ecgonine, and derivatives of ecgonine
or their salts have been emoved;
(II) cocaine, its salts,
optical and geometric isomers, and salts of isomers;
(III) ecgonine, its derivatives,
their salts, isomers, and salts of isomers; or
(IV) any compound, mixture,
or preparation which contains any quantity
of any of the substances referred to in subclauses (I) through
(III);
(iii) 5 grams or more of a
mixture or substance described in clause
(ii) which contains cocaine base;
(iv) 10 grams or more of phencyclidine
(PCP) or 100 grams or more
of a mixture or substance containing a detectable amount of phencyclidine
(PCP);
(v) 1 gram or more of a mixture
or substance containing a detectable
amount of lysergic acid diethylamide (LSD);
(vi) 40 grams or more of a
mixture or substance containing a detectable
amount of N-phenyl-N- ( 1- ( 2-phenylethyl ) -4-piperidinyl
) propanamide or 10 grams or more of a mixture or substance
containing a detectable amount of any analogue of N-pheny propanamide;
(vii) 100 kilograms or more
of a mixture or substance containing
a detectable amount of marihuana, or 100 or more marihuana
plants regardless of weight; or
(viii) 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; such
person shall be sentenced to a term of imprisonment which may not be
less than 5 years and not more than 40 years and if death or serious
bodily injury results from the use of such substance shall be not less
than 20 years or more than life, a fine not to exceed the greater of
that authorized in accordance with the provisions of title 18 or $2,000,000
if the defendant is an individual or $5,000,000 if the defendant is
other than an individual, or both. If any person commits such a violation
after a prior conviction for a
felony drug offense has become final, such person shall be sentenced
to a term of imprisonment which may not be less than 10 years
and not more than life imprisonment and if death or serious bodily
injury results from the use of such substance shall be sentenced
to life imprisonment, a fine not to exceed the greater of twice
that authorized in accordance with the provisions of title 18 or
$4,000,000 if the defendant is an individual or $10,000,000 if the
defendant is other than an individual, or both. Any sentence imposed
under this subparagraph shall, in the absence of such a prior
conviction, include a term of supervised release of at least 4
years in addition to such term of imprisonment and shall, if there
was such a prior conviction, include a term of supervised release
of at least 8 years in addition to such term of imprisonment.
Notwithstanding any other provision of law, the court
shall not place on probation or suspend the sentence of any person
sentenced under this subparagraph. No person sentenced under
this subparagraph shall be eligible for parole during the term
of imprisonment imposed therein.
(C) In the case of a controlled
substance in schedule I or II, 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 1 gram of flunitrazepam, except as provided in subparagraphs
(A), (B), and (D), such person shall be sentenced to a term of imprisonment
of not more than 20 years and if death or serious bodily injury results
from the use of such substance shall be sentenced to a term of imprisonment
of not less than twenty years or more than life, a fine not to exceed
the greater of that authorized in accordance with the provisions of title
18 or $1,000,000 if the defendant is an individual or $5,000,000 if the
defendant is other than an individual, or both. If any person commits
such a violation after 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 any other provision of
law, the court shall not place on probation or suspend the sentence
of any person sentenced under the provisions of this subparagraph
which provide for a mandatory term of imprisonment if death
or serious bodily injury results, nor shall a person so sentenced
be eligible for parole during the term of such a sentence.
(D) In the case of less than
50 kilograms of marihuana, except in the
case of 50 or more marihuana plants regardless of weight, 10 kilograms
of hashish, or one kilogram of hashish oil or in the case of
any controlled substance in schedule III (other than gamma hydroxybutyric
acid), or 30 milligrams of flunitrazepam, such person
shall, except as provided in paragraphs (4) and (5) of this subsection,
be sentenced to a term of imprisonment of not more than 5
years, a fine not to exceed the greater of that authorized in accordance
with the provisions of title 18 or $250,000 if the defendant
is an individual or $1,000,000 if the defendant is other than
an individual, or both. If any person commits such a violation
after 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 10 years, a fine not to exceed the greater
of twice that authorized in accordance with the provisions of
title 18 or $500,000 if the defendant is an individual or $2,000,000
if the defendant is other than an individual, or both. Any
sentence imposing a term of imprisonment under this paragraph shall,
in the absence of such a prior conviction, impose a term of supervised
release of at least 2 years in addition to such term of imprisonment
and shall, if there was such a prior conviction, impose
a term of supervised release of at least 4 years in addition to
such term of imprisonment.
(2) In the case of a controlled
substance in schedule IV, such person shall be sentenced to a term of imprisonment
of not more than 3 years, a fine not to exceed the greater of that authorized
in accordance with the provisions of title 18 or $250,000 if the defendant
is an individual or $1,000,000 if the defendant is other than an individual,
or both. If any person commits such a violation after one or more prior
convictions of him for an offense punishable under this paragraph, or for
a felony under any other provision of this subchapter or subchapter II of
this chapter or other law of a State, the United States, or a foreign country
relating to narcotic drugs, marihuana, or depressant or stimulant substances,
have become final, such person shall be entenced to a term of imprisonment
of not more than 6 years, a fine not to exceed the greater of twice that
authorized in accordance with the provisions of title 18 or $500,000 if
the defendant is an individual or $2,000,000 if the defendant is other than
an individual, or both. Any sentence imposing a term of imprisonment under
this paragraph shall, in the absence of such a prior conviction, impose
a term of supervised release of at least one year in addition to such term
of imprisonment and shall, if there was such a prior conviction, impose
a term of supervised release of at least 2 years in addition to such term
of imprisonment.
(3) In the case of a controlled
substance in schedule V, such person
shall be sentenced to a term of imprisonment of not more than
one year, a fine not to exceed the greater of that authorized in
accordance with the provisions of title 18 or $100,000 if the defendant
is an individual or $250,000 if the defendant is other than
an individual, or both. If any person commits such a violation
after one or more convictions of him for an offense punishable
under this paragraph, or for a crime under any other provision
of this subchapter or subchapter II of this chapter or other
law of a State, the United States, or a foreign country relating
to narcotic drugs, marihuana, or depressant or stimulant substances,
have become final, such person shall be sentenced to a term
of imprisonment of not more than 2 years, a fine not to exceed the
greater of twice that authorized in accordance with the provisions
of title 18 or $200,000 if the defendant is an individual
or $500,000 if the defendant is other than an individual,
or both.
(4) Notwithstanding paragraph
(1)(D) of this subsection, any person who violates subsection (a) of this
section by distributing a small amount of marihuana for no remuneration
shall be treated as provided in section (5) Any person who violates subsection
(a) of this section by cultivating a controlled substance on Federal property
shall be imprisoned as provided in this subsection and shall be fined any
amount not to exceed -
(A) the amount authorized in
accordance with this section;
(B) the amount authorized in
accordance with the provisions of title 18;
(C) $500,000 if the defendant
is an individual; or
(D) $1,000,000 if the defendant
is other than an individual; or both.
(6) Any person
who violates subsection (a) of this section, or attempts to do so, and knowingly
or intentionally uses a poison, chemical, or other hazardous substance on
Federal land, and, by such use -
(A) creates a serious hazard
to humans, wildlife, or domestic animals,
(B) degrades or harms the environment
or natural resources, or
(C) pollutes an aquifer, spring,
stream, river, or body of water, shall be fined in accordance with title
18 or imprisoned not more than five years, or both.
(7) Penalties for distribution.
-
(A) In general. - Whoever, with
intent to commit a crime of violence, as defined in section 16 of title
18 (including rape), against an individual, violates subsection (a) of
this section by distributing a controlled substance or controlled substance
analogue to that individual without that individual's knowledge, shall
be imprisoned not more than 20 years and fined in accordance with title
18.
(B) Definition. - For purposes
of this paragraph, the term ''without that individual's knowledge'' means
that the individual is unaware that a substance with the ability to alter
that individual's ability to appraise conduct or to decline participation
in or communicate unwillingness to participate in conduct is administered
to the individual.
(c) Offenses involving
listed chemicals
Any person who knowingly or intentionally -
(1) possesses a listed chemical
with intent to manufacture a controlled substance except as authorized by
this subchapter;
(2) possesses or distributes a
listed chemical knowing, or having reasonable cause to believe, that the
listed chemical will be used to manufacture a controlled substance except
as authorized by this subchapter; or
(3) with the intent of causing
the evasion of the recordkeeping or reporting requirements of section 830
of this title, or the regulations issued under that section, receives or
distributes a reportable amount of any listed chemical in units small enough
so that the making of records or filing of reports under that section is
not required; shall be fined in accordance with title 18 or imprisoned not
more than 20 years in the case of a violation of paragraph (1) or (2) involving
a list I chemical or not more than 10 years in the case of a violation of
this subsection other than a violation of paragraph (1) or (2) involving
a list I chemical, or both.
(d) Boobytraps on
Federal property; penalties; ''boobytrap'' defined
(1) Any person who assembles,
maintains, places, or causes to be placed
a boobytrap on Federal property where a controlled substance is
being manufactured, distributed, or dispensed shall be sentenced to
a term of imprisonment for not more than 10 years and shall be fined
not more than $10,000.
(2) If any person commits such
a violation after 1 or more prior convictions
for an offense punishable under this subsection, such person
shall be sentenced to a term of imprisonment of not more than
20 years and shall be fined not more than $20,000.
(3) For the purposes of this subsection,
the term ''boobytrap'' means any concealed or camouflaged device designed
to cause bodily injury when triggered by any action of any unsuspecting
person making contact with the device. Such term includes guns, ammunition,
or explosive devices attached to trip wires or other triggering mechanisms,
sharpened stakes, and lines or wires with hooks
attached.
(e) Ten-year injunction
as additional penalty In addition to any other applicable penalty, any person
convicted of a felony violation of this section relating to the receipt, distribution,
manufacture, exportation, or importation of a listed chemical may be enjoined
from engaging in any transaction involving a listed chemical for not more
than ten years.
(f) Wrongful distribution
or possession of listed chemicals
(1) Whoever knowingly distributes
a listed chemical in violation of this subchapter (other than in violation
of a recordkeeping or reporting requirement of section 830 of this title)
shall be fined under title 18 or imprisoned not more than 5 years, or both.
(2) Whoever possesses any listed
chemical, with knowledge that the recordkeeping or reporting requirements
of section 830 of this title have not been adhered to, if, after such knowledge
is acquired, such person does not take immediate steps to remedy the violation
shall be fined under title 18 or imprisoned not more than one year, or both.
-SOURCE-
(Pub. L. 91-513, title II, Sec.
401, Oct. 27, 1970, 84 Stat. 1260; Pub. L. 95-633, title II, Sec. 201, Nov.
10, 1978, 92 Stat. 3774; Pub. L. 96-359, Sec. 8(c), Sept. 26, 1980, 94 Stat.
1194; Pub. L. 98-473, title II, Sec. 224(a), 502, 503(b)(1), (2), Oct. 12,
1984, 98 Stat. 2030, 2068, 2070; Pub. L. 99-570, title I, Sec. 1002, 1003(a),
1004(a), 1005(a), 1103, title XV, Sec. 15005, Oct. 27, 1986, 100 Stat. 3207-2,
3207-5, 3207-6, 3207-11, 3702-192; Pub. L. 100-690, title VI, Sec. 6055, 6254(h),
6452(a), 6470(g), (h), 6479, Nov. 18, 1988, 102 Stat. 4318, 4367, 4371, 4378,
4381; Pub. L. 101-647, title X, Sec. 1002(e), title XII, Sec. 1202, title
XXXV, Sec. 3599K, Nov. 29, 1990, 104 Stat. 4828, 4830, 4932; Pub. L. 103-322,
title IX, Sec. 90105(a), (c), title XVIII, Sec. 180201(b)(2)(A), Sept. 13,
1994, 108 Stat. 1987, 1988, 2047; Pub. L. 104-237, title II, Sec. 206(a),
title III, Sec. 302(a), Oct. 3, 1996, 110 Stat. 3103, 3105; Pub. L. 104-305,
Sec. 2(a), (b)(1), Oct. 13, 1996, 110 Stat. 3807; Pub. L. 105-277, div. E,
Sec. 2(a), Oct. 21, 1998, 112 Stat. 2681-759; Pub. L. 106-172, Sec. 3(b)(1),
5(b), 9, Feb. 18, 2000, 114 Stat. 9, 10, 13.)
-REFTEXT-
REFERENCES IN TEXT
This subchapter, referred to in
subsecs. (a), (b)(1) to (3), (c)(1),
(2), and (f)(1), was in the original ''this title'', meaning
title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as
amended, and is popularly known as the ''Controlled Substances Act''.
For complete classification of title II to the Code, see second
paragraph of Short Title note set out under section 801
of this title and Tables.
Schedules I, II, III, IV, and V,
referred to in subsec. (b), are set out in section 812(c)
of this title.
Subchapter II of this chapter, referred
to in subsec. (b)(1) to (3),
was in the original ''title III'', meaning title III of Pub. L.
91-513, Oct. 27, 1970, 84 Stat. 1285, as amended. Part A of title
III comprises subchapter II of this chapter. For classification
of Part B, consisting of sections 1101 to 1105 of title
III, see Tables.
Section 3(a)(1)(B) of the Hillory
J. Farias and Samantha Reid Date-Rape
Prohibition Act of 2000, referred to in subsec. (b)(1)(C),
is section 3(a)(1)(B) of Pub. L. 106-172, which is set out
in a note under section 812 of this title.
-MISC2-
AMENDMENTS
2000 - Subsec. (b)(1)(C). Pub.
L. 106-172, Sec. 3(b)(1)(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)(1)(D). Pub. L. 106-172,
Sec. 3(b)(1)(B), substituted ''(other
than gamma hydroxybutyric acid), or 30'' for '', or 30''.
Subsec. (b)(7)(A). Pub. L. 106-172,
Sec. 5(b), inserted ''or controlled
substance analogue'' after ''distributing a controlled substance''.
Subsecs. (c) to (g). Pub. L. 106-172,
Sec. 9, redesignated subsecs.
(d) to (g) as (c) to (f), respectively.
1998 - Subsec. (b)(1). Pub. L. 105-277
in subpar. (A)(viii) substituted ''50 grams'' and ''500 grams'' for ''100
grams'' and ''1 kilogram'', respectively, and in subpar. (B)(viii) substituted
''5 grams'' and ''50 grams'' for ''10 grams'' and ''100 grams'', respectively.
1996 - Subsec. (b)(1)(C). Pub. L.
104-305, Sec. 2(b)(1)(A), inserted
'', or 1 gram of flunitrazepam,'' after ''schedule I or II''.
Subsec. (b)(1)(D). Pub. L. 104-305,
Sec. 2(b)(1)(B), inserted ''or
30 milligrams of flunitrazepam,'' after ''schedule III,''.
Subsec. (b)(7). Pub. L. 104-305,
Sec. 2(a), added par. (7).
Subsec. (d). Pub. L. 104-237, Sec.
302(a), in concluding provisions,
substituted ''not more than 20 years in the case of violation
of paragraph (1) or (2) involving a list I chemical or not
more than 10 years in the case of a violation of this subsection
other than a violation of paragraph (1) or (2) involving a
list I chemical,'' for ''not more than 10 years,''.
Subsec. (f). Pub. L. 104-237, Sec.
206(a), inserted ''manufacture,
exportation,'' after ''distribution,'' and struck out
''regulated'' after ''engaging in any''.
1994 - Subsec. (b). Pub. L. 103-322,
Sec. 180201(b)(2)(A), inserted
''849,'' before ''859,'' in introductory provisions.
Subsec. (b)(1)(A). Pub. L. 103-322,
Sec. 90105(c), 180201(b)(2)(A),
in concluding provisions, inserted ''849,'' before ''859,''
and struck out ''For purposes of this subparagraph, the term
'felony drug offense' means an offense that is a felony under any
provision of this subchapter or any other Federal law that prohibits
or restricts conduct relating to narcotic drugs, marihuana,
or depressant or stimulant substances or a felony under any
law of a State or a foreign country that prohibits or restricts conduct
relating to narcotic drugs, marihuana, or depressant or stimulant
substances.'' before ''Any sentence under this subparagraph''.
Subsec. (b)(1)(B). 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 paragraph, or for a felony under any other provision
of this subchapter or subchapter II of this chapter or other
law of a State, the United States, or a foreign country relating
to narcotic drugs, marihuana, or depressant or stimulant substances,
have become final''.
Subsec. (b)(1)(C). 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 paragraph,
or for a felony under any other provision of this subchapter
or subchapter II of this chapter or other law of a State,
the United States or a foreign country relating to narcotic drugs,
marihuana, or depressant or stimulant substances, have become
final''.
Subsec. (b)(1)(D). 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 of him for an offense punishable under this
paragraph, or for a felony under any other provision of this subchapter
or subchapter II of this chapter or other law of a State,
the United States, or a foreign country relating to narcotic drugs,
marihuana, or depressant or stimulant substances, have become
final''.
1990 - Subsec. (b). Pub. L. 101-647,
Sec. 1002(e)(1), substituted ''section 859, 860, or 861'' for ''section 845,
845a, or 845b'' in introductory provisions.
Subsec. (b)(1)(A). Pub. L. 101-647,
Sec. 1002(e)(1), substituted ''section
859, 860, or 861'' for ''section 845, 845a, or 845b'' in concluding
provisions.
Subsec. (b)(1)(A)(ii)(IV). Pub.
L. 101-647, Sec. 3599K, substituted
''any of the substances'' for ''any of the substance''.
Subsec. (b)(1)(A)(viii). Pub. L.
101-647, Sec. 1202, substituted ''or
1 kilogram or more of a mixture or substance containing a detectable
amount of methamphetamine'' for ''or 100 grams or more of
a mixture or substance containing a detectable amount of methamphetamine''.
Subsec. (b)(1)(B)(ii)(IV). Pub.
L. 101-647, Sec. 3599K, substituted
''any of the substances'' for ''any of the substance''.
Subsec. (c). Pub. L. 101-647, Sec.
1002(e)(2), directed amendment of
subsec. (c) by substituting ''section 859, 860, or 861 of this title''
for ''section 845, 845a, or 845b of this title''.
Subsec. (c)
was previously repealed by Pub. L. 98-473, Sec. 224(a)(2), as renumbered
by Pub. L. 99-570, Sec. 1005(a), effective Nov. 1, 1987, and
applicable only to offenses committed after the taking effect of
such amendment. See 1984 Amendment note and Effective Date of 1984
Amendment note below.
1988 - Subsec. (b)(1)(A). Pub. L.
100-690, Sec. 6452(a), 6470(g), 6479(1),
inserted '', or 1,000 or more marihuana plants regardless of
weight'' in cl. (vii), added cl. (viii), substituted ''a prior conviction
for a felony drug offense has become final'' for ''one or
more prior convictions for an offense punishable under this paragraph,
or for a felony under any other provision of this subchapter
or subchapter II of this chapter or other law of a State,
the United States, or a foreign country relating to narcotic drugs,
marihuana, or depressant or stimulant substances, have become
final'' in second sentence, and added provisions relating to sentencing
for a person who violates this subpar. or section 485, 485a,
or 485b of this title after two or more prior convictions for a
felony drug offense have become final and defining ''felony drug offense''.
Subsec. (b)(1)(B). Pub. L. 100-690,
Sec. 6470(h), 6479(2), inserted
'', or 100 or more marihuana plants regardless of weight'' in
cl. (vii) and added cl. (viii).
Subsec. (b)(1)(D). Pub. L. 100-690,
Sec. 6479(3), substituted ''50
or more marihuana plants'' for ''100 or more marihuana plants''.
Subsec. (b)(6). Pub. L. 100-690,
Sec. 6254(h), added par. (6).
Subsec. (d). Pub. L. 100-690, Sec.
6055(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read
as follows: ''Any person who knowingly or intentionally - ''(1) possesses
any piperidine with intent to manufacture phencyclidine except as authorized
by this subchapter, or ''(2) possesses any piperidine knowing, or having reasonable
cause to believe, that the piperidine will be used to manufacture phencyclidine
except as authorized by this subchapter, shall be sentenced to a term of imprisonment
of not more than 5 years, a fine not to exceed the greater of that uthorized
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.''
Subsecs. (f), (g). Pub. L. 100-690,
Sec. 6055(b), added subsecs.(f)
and (g).
1986 - Pub. L. 99-570, Sec. 1005(a),
amended Pub. L. 98-473, Sec. 224(a). See 1984 Amendment note below.
Subsec. (b). Pub. L. 99-570, Sec.
1103(a), substituted '', 845a, or
845b'' for ''or 845a'' in introductory provisions.
Subsec. (b)(1)(A). Pub. L. 99-570,
Sec. 1002(2), amended subpar. (A) generally. Prior to amendment, subpar. (A)
read as follows: ''In the case of a violation of subsection (a) of this section
involving - ''(i) 100 grams or more of a controlled substance in schedule
I or II which is a mixture or substance containing a detectable amount of
a narcotic drug 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; ''(ii) a kilogram or
more of any other controlled substance in schedule I or II which is a narcotic
drug; ''(iii) 500 grams or more of phencyclidine (PCP); or ''(iv) 5 grams
or more of lysergic acid diethylamide (LSD); such person shall be sentenced
to a term of imprisonment of not more than 20 years, a fine of not more than
$250,000, or both. If any person commits such a violation after one or more
prior convictions of him for an offense punishable under this paragraph, or
for a felony under any other provision of this subchapter or subchapter II
of this chapter or other law of a State, the United States, or a foreign country
relating to narcotic drugs, marihuana, or depressant or stimulant substances,
have become final, such person shall be sentenced to a term of imprisonment
of not more than 40 years, a fine of not more than $500,000, or both''.
Subsec. (b)(1)(B). Pub. L. 99-570,
Sec. 1002(2), amended subpar. (B) generally. Prior to amendment, subpar. (B)
read as follows: ''In the case of a controlled substance in schedule I or
II except as provided in subparagraphs (A) and (C),, such person shall be
sentenced to a term of imprisonment of not more than 15 years, a fine of not
more than $125,000, or both. If any person commits such a violation after
one or more prior convictions of him for an offense punishable under this
paragraph, or for a felony under any other provision of this subchapter or
subchapter II of this chapter or other law of a State, the United States,
or a foreign country relating to narcotic drugs, marihuana, or depressant
or stimulant substances, have become final, such person shall be sentenced
to a term of imprisonment of not more than 30 years, a fine of not more than
$250,000, or both. Any sentence imposing a term of imprisonment under this
paragraph shall, in the absence of such a prior conviction, impose a special
parole term of at least 3 years in addition to such term of imprisonment and
shall, if there was such a prior conviction, impose a special parole term
of at least 6 years in addition to such term of imprisonment.''
Subsec. (b)(1)(C). Pub. L. 99-570,
Sec. 1002(2), added subpar. (C).
Former subpar. (C) redesignated (D).
Subsec. (b)(1)(D). Pub. L. 99-570,
Sec. 1004(a), substituted ''term
of supervised release'' for ''special parole term'' in two places.
Pub. L. 99-570, Sec. 1002(1), 1003(a)(1),
redesignated former subpar. (C) as (D), substituted ''a fine not to exceed
the greater of that authorized in accordance with the provisions of title
18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant
is other than an individual'' for ''a fine of not more than $50,000'' and
''a fine not to exceed the greater of twice that authorized in accordance
with the provisions of title 18 or $500,000 if the defendant is an individual
or $2,000,000 if the defendant is other than an individual'' for ''a fine
of not more than $100,000'', and inserted ''except in the case of 100 or more
marihuana plants regardless of weight,''.
Subsec. (b)(2). Pub. L. 99-570,
Sec. 1004(a), substituted ''term of
supervised release'' for ''special parole term'' in two places.
Pub. L. 99-570, Sec. 1003(a)(2),
substituted ''a fine not to exceed the greater of that authorized in accordance
with the provisions of title 18 or $250,000 if the defendant is an individual
or $1,000,000 if the defendant is other than an individual'' for ''a fine
of not more than $25,000'' and ''a fine not to exceed the greater of twice
that authorized in accordance with the provisions of title 18 or $500,000
if the defendant is an individual or $2,000,000 if the defendant is other
than an individual'' for ''a fine of not more than $50,000''.
Subsec. (b)(3). Pub. L. 99-570,
Sec. 1003(a)(3), substituted ''a fine not to exceed the greater of that authorized
in accordance with the provisions of title 18 or $100,000 if the defendant
is an individual or $250,000 if the defendant is other than an individual''
for ''a fine of not more than $10,000'' and ''a fine not to exceed the greater
of twice that authorized in accordance with the provisions of title 18 or
$200,000 if the defendant is an individual or $500,000 if the defendant is
other than an individual'' for ''a fine of not more than $20,000''.
Subsec. (b)(4). Pub. L. 99-570,
Sec. 1003(a)(4), which directed the
substitution of ''1(D)'' for ''1(C)'' was executed by substituting
''(1)(D)'' for ''(1)(C)'' as the probable intent of Congress.
Subsec. (b)(5). Pub. L. 99-570,
Sec. 1003(a)(5), amended par. (5) generally.
Prior to amendment, par. (5) read as follows: ''Notwithstanding
paragraph (1), any person who violates subsection (a)
of this section by cultivating a controlled substance on Federal
property shall be fined not more than - ''(A)
$500,000 if such person is an individual; and ''(B)
$1,000,000 if such person is not an individual.''
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. 224(a)(2). See 1984 Amendment
note below.
Pub. L. 99-570, Sec. 1103(b), substituted
'', 845a, or 845b'' for ''845a''
in two places.
Subsec. (d). Pub. L. 99-570, Sec.
1003(a)(6), substituted ''a fine
not to exceed the greater of that authorized in accordance with
the provisions of title 18 or $250,000 if the defendant is an individual
or $1,000,000 if the defendant is other than an individual''
for ''a fine of not more than $15,000''.
Subsec. (e). Pub. L. 99-570, Sec.
15005, added subsec. (e).
1984 - Subsec. (b). Pub. L. 98-473,
Sec. 503(b)(1), inserted reference to section 845a of this title in provisions
preceding par. (1)(A).
Pub. L. 98-473, Sec. 224(a)(1)-(3),
(5), 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 repealed by Pub. L. 99-570,
Sec. 1005(a), and the remaining pars. (4) and (6) of Pub. L.
98-473, Sec. 224(a), were redesignated as pars. (1) and (2), respectively.
Subsec. (b)(1)(A). Pub. L. 98-473,
Sec. 502(1)(A), added subpar. (A). Former subpar. (A) redesignated (B).
Subsec. (b)(1)(B). Pub. L. 98-473,
Sec. 502(1)(A), (B), redesignated former subpar. (A) as (B), substituted ''except
as provided in subparagraphs (A) and (C),'' for ''which is a narcotic drug'',
''$125,000'' for ''$25,000'', and ''$250,000'' for ''$50,000'', and inserted
references to laws of a State and a foreign country. Former subpar. (B) redesignated
(C).
Subsec. (b)(1)(C). Pub. L. 98-473,
Sec. 502(1)(A), (C), redesignated former subpar. (B) as (C), substituted ''less
than 50 kilograms of marihuana, 10 kilograms of hashish, or one kilogram of
hashish oil'' for ''a controlled substance in schedule I or II which is not
a narcotic drug'', ''and (5)'' for '', (5), and (6)'', ''$50,000'' for ''$15,000'',
and ''$100,000'' for ''$30,000'', and inserted references to laws of a State
and a foreign country.
Subsec. (b)(2). Pub. L. 98-473,
Sec. 502(2), substituted ''$25,000''
for ''$10,000'' and ''$50,000'' for ''$20,000'', and inserted
references to laws of a State or of a foreign country.
Subsec. (b)(3). Pub. L. 98-473,
Sec. 502(3), substituted ''$10,000''
for ''$5,000'' and ''$20,000'' for ''$10,000'', and inserted
references to laws of a State or of a foreign country.
Subsec. (b)(4). Pub. L. 98-473,
Sec. 502(4), substituted ''(1)(C)''
for ''(1)(B)''.
Pub. L. 98-473, Sec. 224(a)(1),
as renumbered by Pub. L. 99-570, Sec. 1005(a), substituted ''in section section
3607 of title 18'' for ''in subsections (a) and (b) of section Subsec. (b)(5).
Pub. L. 98-473, Sec. 502(5), (6), added par. (5) and struck out former par.
(5) which related to penalties for manufacturing, etc., phencyclidine.
Subsec. (b)(6). Pub. L. 98-473,
Sec. 502(5), struck out par. (6) which related to penalties for violations
involving a quantity of marihuana exceeding 1,000 pounds.
Subsec. (c). Pub. L. 98-473, Sec.
224(a)(2), as renumbered by Pub. L. 99-570, Sec. 1005(a), struck out subsec.
(c) which read as follows: ''A special parole term imposed under this section
or section 845, 845a, or 845b of this title may be revoked if its terms and
conditions are violated. In such circumstances the original term of imprisonment
shall be increased by the period of the special parole term and the resulting
new term of imprisonment shall not be diminished by the time which was spent
on special parole. A person whose special parole term has been revoked may
be required to serve all or part of the remainder of the new term of imprisonment.
A special parole term provided for in this section or section 845, 845a, or
845b of this title shall be in addition to, and not in lieu of, any other
parole provided for by law.''
Pub. L. 98-473, Sec. 503(b)(2),
inserted reference to section 845a
of this title in two places.
1980 - Subsec. (b)(1)(B). Pub. L.
96-359, Sec. 8(c)(1), inserted reference
to par. (6) of this subsection.
Subsec. (b)(6). Pub. L. 96-359,
Sec. 8(c)(2), added par. (6).
1978 - Subsec. (b)(1)(B). Pub. L.
95-633, Sec. 201(1), inserted '',
except as provided in paragraphs (4) and (5) of this subsection,''
after ''such person shall''.
Subsec. (b)(5). Pub. L. 95-633,
Sec. 201(2), added par. (5).
Subsec. (d). Pub. L. 95-633, Sec.
201(3), added subsec. (d).
EFFECTIVE DATE
OF 1988 AMENDMENT
Amendment by section
6055 of Pub. L. 100-690 effective 120 days after Nov. 18, 1988, see section
6061 of Pub. L. 100-690, set out as a note under section 802
of this title.
EFFECTIVE DATE
OF 1986 AMENDMENT
Section 1004(b) of
Pub. L. 99-570 provided that: ''The amendments made
by this section (amending this section and sections 845, 845a, 960,
and 962 of this title) shall take effect on the date of the taking
effect of section 3583 of title 18, United States Code (Nov. 1,
1987).''
EFFECTIVE DATE
OF 1984 AMENDMENT
Amendment by section 224(a) 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.
EFFECTIVE DATE
OF 1978 AMENDMENT
Amendment by Pub. L. 95-633 effective
Nov. 10, 1978, see section 203(a)
of Pub. L. 95-633 set out as an Effective Date note under section
830 of this title.
REPEALS
Pub. L. 96-359, Sec. 8(b), Sept.
26, 1980, 94 Stat. 1194, repealed
section 203(d) of Pub. L. 95-633, which had provided for the
repeal of subsec. (d) of this section effective Jan. 1, 1981.
-SECREF-
SECTION REFERRED
TO IN OTHER SECTIONS
This section is referred to in
sections 844, 848, 849, 859, 860, 861,
886 of this title; title 16 sections 559c, 559d; title 18 sections
36, 3553, 3599, 3663, 5032, 5038; title 28 section 994; title
42 section 14052.
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