21 U.S.C. § 841 : US Code - Section 841: Prohibited acts A

Search 21 U.S.C. § 841 : US Code - Section 841: Prohibited acts A

    (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 this
    section 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) 280 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-
      phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] 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 $10,000,000 if the defendant is an individual or
    $50,000,000 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 $20,000,000 if the defendant is an individual or $75,000,000 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.
    Notwithstanding section 3583 of title 18, 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 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) 28 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-
      phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] 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 $5,000,000 if the defendant is an individual or
    $25,000,000 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 $8,000,000 if the defendant is an individual or $50,000,000 if
    the defendant is other than an individual, or both. Notwithstanding
    section 3583 of title 18, 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. Notwithstanding
    section 3583 of title 18, 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, 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. Notwithstanding
    section 3583 of title 18, 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.
      (E)(i) Except as provided in subparagraphs (C) and (D), in the
    case of any controlled substance in schedule III, such person shall
    be sentenced to a term of imprisonment of not more than 10 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 more
    than 15 years, a fine not to exceed the greater of that authorized
    in accordance with the provisions of title 18 or $500,000 if the
    defendant is an individual or $2,500,000 if the defendant is other
    than an individual, or both.
      (ii) 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 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
    more than 30 years, a fine not to exceed the greater of twice 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.
      (iii) Any sentence imposing a term of imprisonment under this
    subparagraph 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 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 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 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 4 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. Any sentence
    imposing a term of imprisonment under this paragraph may, if there
    was a prior conviction, impose a term of supervised release of not
    more than 1 year, in addition to such term of imprisonment.
      (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 844 of this title and section 3607 of title 18.
      (5) Any person who violates subsection (a) of this section by
    cultivating or manufacturing 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 or fined under
    title 18, or both.
      (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 or fined under title 18, or both.
      (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, except
    to the extent that paragraph (12), (13), or (14) of section 842(a)
    of this title applies, 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.
    (g) Internet sales of date rape drugs
      (1) Whoever knowingly uses the Internet to distribute a date rape
    drug to any person, knowing or with reasonable cause to believe
    that - 
        (A) the drug would be used in the commission of criminal sexual
      conduct; or
        (B) the person is not an authorized purchaser;

    shall be fined under this subchapter or imprisoned not more than 20
    years, or both.
      (2) As used in this subsection:
        (A) The term "date rape drug" means - 
          (i) gamma hydroxybutyric acid (GHB) or any controlled
        substance analogue of GHB, including gamma butyrolactone (GBL)
        or 1,4-butanediol;
          (ii) ketamine;
          (iii) flunitrazepam; or
          (iv) any substance which the Attorney General designates,
        pursuant to the rulemaking procedures prescribed by section 553
        of title 5, to be used in committing rape or sexual assault.

      The Attorney General is authorized to remove any substance from
      the list of date rape drugs pursuant to the same rulemaking
      authority.
        (B) The term "authorized purchaser" means any of the following
      persons, provided such person has acquired the controlled
      substance in accordance with this chapter:
          (i) A person with a valid prescription that is issued for a
        legitimate medical purpose in the usual course of professional
        practice that is based upon a qualifying medical relationship
        by a practitioner registered by the Attorney General. A
        "qualifying medical relationship" means a medical relationship
        that exists when the practitioner has conducted at least 1
        medical evaluation with the authorized purchaser in the
        physical presence of the practitioner, without regard to
        whether portions of the evaluation are conducted by other heath
        (!1) professionals. The preceding sentence shall not be
        construed to imply that 1 medical evaluation demonstrates that
        a prescription has been issued for a legitimate medical purpose
        within the usual course of professional practice.

          (ii) Any practitioner or other registrant who is otherwise
        authorized by their registration to dispense, procure,
        purchase, manufacture, transfer, distribute, import, or export
        the substance under this chapter.
          (iii) A person or entity providing documentation that
        establishes the name, address, and business of the person or
        entity and which provides a legitimate purpose for using any
        "date rape drug" for which a prescription is not required.

      (3) The Attorney General is authorized to promulgate regulations
    for record-keeping and reporting by persons handling 1,4-butanediol
    in order to implement and enforce the provisions of this section.
    Any record or report required by such regulations shall be
    considered a record or report required under this chapter.
    (h) Offenses involving dispensing of controlled substances by means
      of the Internet
      (1) In general
        It shall be unlawful for any person to knowingly or
      intentionally - 
          (A) deliver, distribute, or dispense a controlled substance
        by means of the Internet, except as authorized by this
        subchapter; or
          (B) aid or abet (as such terms are used in section 2 of title
        18) any activity described in subparagraph (A) that is not
        authorized by this subchapter.
      (2) Examples
        Examples of activities that violate paragraph (1) include, but
      are not limited to, knowingly or intentionally - 
          (A) delivering, distributing, or dispensing a controlled
        substance by means of the Internet by an online pharmacy that
        is not validly registered with a modification authorizing such
        activity as required by section 823(f) of this title (unless
        exempt from such registration);
          (B) writing a prescription for a controlled substance for the
        purpose of delivery, distribution, or dispensation by means of
        the Internet in violation of section 829(e) of the title;
          (C) serving as an agent, intermediary, or other entity that
        causes the Internet to be used to bring together a buyer and
        seller to engage in the dispensing of a controlled substance in
        a manner not authorized by sections (!2) 823(f) or 829(e) of
        this title;

          (D) offering to fill a prescription for a controlled
        substance based solely on a consumer's completion of an online
        medical questionnaire; and
          (E) making a material false, fictitious, or fraudulent
        statement or representation in a notification or declaration
        under subsection (d) or (e), respectively, of section 831 of
        this title.
      (3) Inapplicability
        (A) This subsection does not apply to - 
          (i) the delivery, distribution, or dispensation of controlled
        substances by nonpractitioners to the extent authorized by
        their registration under this subchapter;
          (ii) the placement on the Internet of material that merely
        advocates the use of a controlled substance or includes pricing
        information without attempting to propose or facilitate an
        actual transaction involving a controlled substance; or
          (iii) except as provided in subparagraph (B), any activity
        that is limited to - 
            (I) the provision of a telecommunications service, or of an
          Internet access service or Internet information location tool
          (as those terms are defined in section 231 of title 47); or
            (II) the transmission, storage, retrieval, hosting,
          formatting, or translation (or any combination thereof) of a
          communication, without selection or alteration of the content
          of the communication, except that deletion of a particular
          communication or material made by another person in a manner
          consistent with section 230(c) of title 47 shall not
          constitute such selection or alteration of the content of the
          communication.

        (B) The exceptions under subclauses (I) and (II) of
      subparagraph (A)(iii) shall not apply to a person acting in
      concert with a person who violates paragraph (1).
      (4) Knowing or intentional violation
        Any person who knowingly or intentionally violates this
      subsection shall be sentenced in accordance with subsection (b).