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133 Prosecutions
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6 Convictions
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109 Convictions
in Fiscal Year 2014

CITE

    21 USC Sec. 843                                             01/05/2009

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. 843. Prohibited acts C

STATUTE

    (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.

SOURCE

    (Pub. L. 91-513, title II, Sec. 403, Oct. 27, 1970, 84 Stat. 1263;
    Pub. L. 95-633, title II, Sec. 202(b)(3), Nov. 10, 1978, 92 Stat.
    3776; Pub. L. 98-473, title II, Sec. 516, Oct. 12, 1984, 98 Stat.
    2074; Pub. L. 99-570, title I, Sec. 1866(a), Oct. 27, 1986, 100
    Stat. 3207-54; Pub. L. 100-690, title VI, Sec. 6057, Nov. 18, 1988,
    102 Stat. 4319; Pub. L. 103-200, Sec. 3(g), Dec. 17, 1993, 107
    Stat. 2337; Pub. L. 103-322, title IX, Sec. 90106, Sept. 13, 1994,
    108 Stat. 1988; Pub. L. 104-237, title II, Secs. 203(a), 206(b),
    Oct. 3, 1996, 110 Stat. 3102, 3103; Pub. L. 107-273, div. B, title
    IV, Sec. 4002(d)(2)(C), Nov. 2, 2002, 116 Stat. 1810; Pub. L. 108-
    21, title VI, Sec. 608(d), Apr. 30, 2003, 117 Stat. 691; Pub. L.
    110-425, Sec. 3(g), Oct. 15, 2008, 122 Stat. 4830.)

REFERENCES IN TEXT

      Schedules I and II, referred to in subsecs. (a)(1) and (c)(1),
    are set out in section 812(c) of this title.
      This subchapter, referred to in subsec. (c)(2)(A), (C)(i), was in
    the original "this title", meaning title II of Pub. L. 91-513, Oct.
    27, 1970, 84 Stat. 1242, 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.
      The Controlled Substances Import and Export Act, referred to in
    subsec. (c)(2)(A), is title III of Pub. L. 91-513, Oct. 27, 1970,
    84 Stat. 1285, which is classified principally to subchapter II
    (Sec. 951 et seq.) of this chapter. For complete classification of
    this Act to the Code, see Short Title note set out under section
    951 of this title and Tables.
      The Federal Rules of Civil Procedure, referred to in subsec.
    (f)(4), are set out in the Appendix to Title 28, Judiciary and
    Judicial Procedure.
      The Federal Rules of Criminal Procedure, referred to in subsec.
    (f)(4), are set out in the Appendix to Title 18, Crimes and
    Criminal Procedure.

AMENDMENTS

      2008 - Subsec. (c). Pub. L. 110-425 designated existing
    provisions as par. (1) and added par. (2).
      2003 - Subsec. (f)(1). Pub. L. 108-21 substituted "this section,
    section 842 of this title, or 856 of this title" for "this section
    or section 842 of this title".
      2002 - Subsec. (d). Pub. L. 107-273 substituted "under title 18,
    or both;" for "of not more than $30,000, or both;" in two places
    and "under title 18, or both." for "of not more than $60,000, or
    both." in two places.
      1996 - Subsec. (d). Pub. L. 104-237, Sec. 203(a), inserted par.
    (1) designation, substituted "Except as provided in paragraph (2),
    any person" for "Any person", and added par. (2).
      Subsec. (e). Pub. L. 104-237, Sec. 206(b)(1), inserted
    "manufacture, exportation," after "distribution," and struck out
    "regulated" after "engaging in any".
      Subsec. (f). Pub. L. 104-237, Sec. 206(b)(2), added subsec. (f).
      1994 - Subsecs. (c) to (e). Pub. L. 103-322 added subsec. (c) and
    redesignated former subsecs. (c) and (d) as (d) and (e),
    respectively.
      1993 - Subsec. (a)(6), (7). Pub. L. 103-200, Sec. 3(g)(1),
    amended pars. (6) and (7) generally. Prior to amendment, pars. (6)
    and (7) read as follows:
      "(6) to possess any three-neck round-bottom flask, tableting
    machine, encapsulating machine, gelatin capsule, or equipment
    specially designed or modified to manufacture a controlled
    substance, with intent to manufacture a controlled substance except
    as authorized by this subchapter;
      "(7) to manufacture, distribute, or import any three-neck round-
    bottom flask, tableting machine, encapsulating machine, gelatin
    capsule, or equipment specially designed or modified to manufacture
    a controlled substance, knowing that it will be used to manufacture
    a controlled substance except as authorized by this subchapter;
    or".
      Subsec. (a)(9). Pub. L. 103-200, Sec. 3(g)(2), (3), added par.
    (9).
      1988 - Subsec. (a)(4)(B). Pub. L. 100-690, Sec. 6057(a)(1),
    substituted "a listed chemical" for "piperidine".
      Subsec. (a)(6) to (8). Pub. L. 100-690, Sec. 6057(a)(2)-(4),
    added pars. (6) to (8).
      Subsec. (d). Pub. L. 100-690, Sec. 6057(b), added subsec. (d).
      1986 - Subsec. (a)(2). Pub. L. 99-570 substituted a semicolon for
    the period at end.
      1984 - Subsec. (a)(2). Pub. L. 98-473 added applicability to
    dispensing, acquiring, or obtaining a controlled substance, and
    applicability to an expired number.
      1978 - Subsec. (a)(4). Pub. L. 95-633, Sec. 202(b)(3), designated
    existing provisions as subpar. (A) and added subpar. (B).
                     EFFECTIVE DATE OF 2008 AMENDMENT
      Amendment by Pub. L. 110-425 effective 180 days after Oct. 15,
    2008, except as otherwise provided, see section 3(j) of Pub. L. 110-
    425, set out as a note under section 802 of this title.
                     EFFECTIVE DATE OF 1993 AMENDMENT
      Amendment by Pub. L. 103-200 effective on date that is 120 days
    after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
    a note under section 802 of this title.
                     EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by 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 1978 AMENDMENT
      Amendment by Pub. L. 95-633 effective Nov. 10, 1978, except as
    otherwise provided, 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. (a)(4)(B) of this section effective Jan. 1,
    1981.

FOOTNOTE

    (!1) So in original. Probably should not be capitalized.
    (!2) So in original. Probably should be preceded by "section".
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