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
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.
(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.