21 U.S.C. § 843 : US Code - Section 843: Prohibited acts C

Search 21 U.S.C. § 843 : US Code - Section 843: Prohibited acts C

    (a) Unlawful acts
      It shall be unlawful for any person knowingly or intentionally - 
        (1) who is a registrant to distribute a controlled substance
      classified in schedule I or II, in the course of his legitimate
      business, except pursuant to an order or an order form as
      required by section 828 of this title;
        (2) to use in the course of the manufacture, distribution, or
      dispensing of a controlled substance, or to use for the purpose
      of acquiring or obtaining a controlled substance, a registration
      number which is fictitious, revoked, suspended, expired, or
      issued to another person;
        (3) to acquire or obtain possession of a controlled substance
      by misrepresentation, fraud, forgery, deception, or subterfuge;
        (4)(A) to furnish false or fraudulent material information in,
      or omit any material information from, any application, report,
      record, or other document required to be made, kept, or filed
      under this subchapter or subchapter II of this chapter, or (B) to
      present false or fraudulent identification where the person is
      receiving or purchasing a listed chemical and the person is
      required to present identification under section 830(a) of this
      title;
        (5) to make, distribute, or possess any punch, die, plate,
      stone, or other thing designed to print, imprint, or reproduce
      the trademark, trade name, or other identifying mark, imprint, or
      device of another or any likeness of any of the foregoing upon
      any drug or container or labeling thereof so as to render such
      drug a counterfeit substance;
        (6) to possess any three-neck round-bottom flask, tableting
      machine, encapsulating machine, or gelatin capsule, or any
      equipment, chemical, product, or material which may be used to
      manufacture a controlled substance or listed chemical, knowing,
      intending, or having reasonable cause to believe, that it will be
      used to manufacture a controlled substance or listed chemical in
      violation of this subchapter or subchapter II of this chapter;
        (7) to manufacture, distribute, export, or import any three-
      neck round-bottom flask, tableting machine, encapsulating
      machine, or gelatin capsule, or any equipment, chemical, product,
      or material which may be used to manufacture a controlled
      substance or listed chemical, knowing, intending, or having
      reasonable cause to believe, that it will be used to manufacture
      a controlled substance or listed chemical in violation of this
      subchapter or subchapter II of this chapter or, in the case of an
      exportation, in violation of this subchapter or subchapter II of
      this chapter or of the laws of the country to which it is
      exported;
        (8) to create a chemical mixture for the purpose of evading a
      requirement of section 830 of this title or to receive a chemical
      mixture created for that purpose; or
        (9) to distribute, import, or export a list I chemical without
      the registration required by this subchapter or subchapter II of
      this chapter.
    (b) Communication facility
      It shall be unlawful for any person knowingly or intentionally to
    use any communication facility in committing or in causing or
    facilitating the commission of any act or acts constituting a
    felony under any provision of this subchapter or subchapter II of
    this chapter. Each separate use of a communication facility shall
    be a separate offense under this subsection. For purposes of this
    subsection, the term "communication facility" means any and all
    public and private instrumentalities used or useful in the
    transmission of writing, signs, signals, pictures, or sounds of all
    kinds and includes mail, telephone, wire, radio, and all other
    means of communication.
    (c) Advertisement
      (1) It shall be unlawful for any person to place in any
    newspaper, magazine, handbill, or other publications, any written
    advertisement knowing that it has the purpose of seeking or
    offering illegally to receive, buy, or distribute a Schedule (!1) I
    controlled substance. As used in this section the term
    "advertisement" includes, in addition to its ordinary meaning, such
    advertisements as those for a catalog of Schedule (!1) I controlled
    substances and any similar written advertisement that has the
    purpose of seeking or offering illegally to receive, buy, or
    distribute a Schedule (!1) I controlled substance. The term
    "advertisement" does not include material which merely advocates
    the use of a similar material, which advocates a position or
    practice, and does not attempt to propose or facilitate an actual
    transaction in a Schedule (!1) I controlled substance.

      (2)(A) It shall be unlawful for any person to knowingly or
    intentionally use the Internet, or cause the Internet to be used,
    to advertise the sale of, or to offer to sell, distribute, or
    dispense, a controlled substance where such sale, distribution, or
    dispensing is not authorized by this subchapter or by the
    Controlled Substances Import and Export Act [21 U.S.C. 951 et
    seq.].
      (B) Examples of activities that violate subparagraph (A) include,
    but are not limited to, knowingly or intentionally causing the
    placement on the Internet of an advertisement that refers to or
    directs prospective buyers to Internet sellers of controlled
    substances who are not registered with a modification under section
    823(f) of this title.
      (C) Subparagraph (A) does not apply to material that either - 
        (i) merely advertises the distribution of controlled substances
      by nonpractitioners to the extent authorized by their
      registration under this subchapter; or
        (ii) merely advocates the use of a controlled substance or
      includes pricing information without attempting to facilitate an
      actual transaction involving a controlled substance.
    (d) Penalties
      (1) Except as provided in paragraph (2), any person who violates
    this section shall be sentenced to a term of imprisonment of not
    more than 4 years, a fine under title 18, or both; except that if
    any person commits such a violation after one or more prior
    convictions of him for violation of this section, or for a felony
    under any other provision of this subchapter or subchapter II of
    this chapter or other law of the United States relating to narcotic
    drugs, marihuana, or depressant or stimulant substances, have
    become final, such person shall be sentenced to a term of
    imprisonment of not more than 8 years, a fine under title 18, or
    both.
      (2) Any person who, with the intent to manufacture or to
    facilitate the manufacture of methamphetamine, violates paragraph
    (6) or (7) of subsection (a) of this section, shall be sentenced to
    a term of imprisonment of not more than 10 years, a fine under
    title 18, or both; except that if any person commits such a
    violation after one or more prior convictions of that person - 
        (A) for a violation of paragraph (6) or (7) of subsection (a)
      of this section;
        (B) for a felony under any other provision of this subchapter
      or subchapter II of this chapter; or
        (C) under any other law of the United States or any State
      relating to controlled substances or listed chemicals,

    has become final, such person shall be sentenced to a term of
    imprisonment of not more than 20 years, a fine under title 18, or
    both.
    (e) Additional penalties
      In addition to any other applicable penalty, any person convicted
    of a felony violation of this section relating to the receipt,
    distribution, manufacture, exportation, or importation of a listed
    chemical may be enjoined from engaging in any transaction involving
    a listed chemical for not more than ten years.
    (f) Injunctions
      (1) In addition to any penalty provided in this section, the
    Attorney General is authorized to commence a civil action for
    appropriate declaratory or injunctive relief relating to violations
    of this section, section 842 of this title, or 856 (!2) of this
    title.

      (2) Any action under this subsection may be brought in the
    district court of the United States for the district in which the
    defendant is located or resides or is doing business.
      (3) Any order or judgment issued by the court pursuant to this
    subsection shall be tailored to restrain violations of this section
    or section 842 of this title.
      (4) The court shall proceed as soon as practicable to the hearing
    and determination of such an action. An action under this
    subsection is governed by the Federal Rules of Civil Procedure
    except that, if an indictment has been returned against the
    respondent, discovery is governed by the Federal Rules of Criminal
    Procedure.