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21 U.S.C. § 961 — Prohibited acts B
Federal law — U.S. Code and appendices · legal_authorities
Any person who violates [section 954 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section954&num=0&edition=prelim) or fails to notify the Attorney General of an importation or exportation under [section 971 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section971&num=0&edition=prelim) shall be subject to the following penalties:
(1) Except as provided in paragraph (2), any such person shall, with respect to any such violation, be subject to a civil penalty of not more than $25,000. Sections 842(c)(1) and (c)(3) of this title shall apply to any civil penalty assessed under this paragraph.
(2) If such a violation is prosecuted by an information or indictment which alleges that the violation was committed knowingly or intentionally and the trier of fact specifically finds that the violation was so committed, such person shall be sentenced to imprisonment for not more than one year or a fine of not more than $25,000 or both.
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Stable record: federal_law:legal_authorities:record_usc_6bebf6b9f937cf748012107c
Source file: Laws/federal/codes/united-states-code/title-21/section-961-prohibited-acts-b--ee6b1b8d11.md
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Source location: Title 21, Chapter 13, § 961; chapter-013-drug-abuse-prevention-and-control.md
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Any person who violates [section 954 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section954&num=0&edition=prelim) or fails to notify the Attorney General of an importation or exportation under [section 971 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section971&num=0&edition=prelim) shall be subject to the following penalties:
(1) Except as provided in paragraph (2), any such person shall, with respect to any such violation, be subject to a civil penalty of not more than $25,000. Sections 842(c)(1) and (c)(3) of this title shall apply to any civil penalty assessed under this paragraph.
(2) If such a violation is prosecuted by an information or indictment which alleges that the violation was committed knowingly or intentionally and the trier of fact specifically finds that the violation was so committed, such person shall be sentenced to imprisonment for not more than one year or a fine of not more than $25,000 or both.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notification prior to transaction** Each regulated person who imports or exports a listed chemical shall notify the Attorney General of the importation or exportation not later than 15 days before the transaction is to take place.
**(b) Regular customers or importers**
(1) The Attorney General shall provide by regulation for circumstances in which the requirement of subsection (a) does not apply to a transaction between a regulated person and a regular customer or to a transaction that is an importation by a regular importer. At the time of any importation or exportation constituting a transaction referred to in the preceding sentence, the regulated person shall notify the Attorney General of the transaction.
(2) The regulations under this subsection shall provide that the initial notification under subsection (a) with respect to a customer of a regulated person or to an importer shall, upon the expiration of the 15-day period, qualify the customer as a regular customer or the importer as a regular importer, unless the Attorney General otherwise notifies the regulated person in writing.
**(c) Suspension of importation or exportation; disqualification of regular customers or importers; hearing**
(1) The Attorney General may order the suspension of any importation or exportation of a listed chemical (other than a regulated transaction to which the requirement of subsection (a) does not apply by reason of subsection (b)) or may disqualify any regular customer or regular importer on the ground that the chemical may be diverted to the clandestine manufacture of a controlled substance (without regard to the form of the chemical that may be diverted, including the diversion of a finished drug product to be manufactured from bulk chemicals to be transferred). From an
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 971
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding sections 952, 953, and 957 of this title—
(1) A controlled substance in schedule I may—
(A) be imported into the United States for transshipment to another country, or
(B) be transferred or transshipped from one vessel, vehicle, or aircraft to another vessel, vehicle, or aircraft within the United States for immediate exportation,
if and only if it is so imported, transferred, or transshipped (i) for scientific, medical, or other legitimate purposes in the country of destination, and (ii) with the prior written approval of the Attorney General (which shall be granted or denied within 21 days of the request).
(2) A controlled substance in schedule II, III, or IV may be so imported, transferred, or transshipped if and only if advance notice is given to the Attorney General in accordance with regulations of the Attorney General.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 954
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For purposes of this subchapter—
(1) The term “import” means, with respect to any article, any bringing in or introduction of such article into any area (whether or not such bringing in or introduction constitutes an importation within the meaning of the tariff laws of the United States).
(2) The term “customs territory of the United States” has the meaning assigned to such term by general note 2 of the Harmonized Tariff Schedule of the United States.
**(b)** Each term defined in [section 802 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section802&num=0&edition=prelim) shall have the same meaning for purposes of this subchapter as such term has for purposes of subchapter I.
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 951
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) The term “addict” means any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of narcotic drugs as to have lost the power of self-control with reference to his addiction.
(2) The term “administer” refers to the direct application of a controlled substance to the body of a patient or research subject by—
(A) a practitioner (or, in his presence, by his authorized agent), or
(B) the patient or research subject at the direction and in the presence of the practitioner,
whether such application be by injection, inhalation, ingestion, or any other means.
(3) The term “agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser; except that such term does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman, when acting in the usual and lawful course of the carrier’s or warehouseman’s business.
(4) The term “Drug Enforcement Administration” means the Drug Enforcement Administration in the Department of Justice.
(5) The term “control” means to add a drug or other substance, or immediate precursor, to a schedule under part B of this subchapter, whether by transfer from another schedule or otherwise.
(6) The term “controlled substance” means a drug or other substance, or immediate precursor, included in schedule I, II, III, IV, or V of part B of this subchapter. The term does not include distilled spirits, wine, malt beverages, or tobacco, as those terms are defined or used in subtitle E of the Internal Revenue Code of 1986.
(7) The term “counterfeit substance” means a controlled substance which, or the container or labelin
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 802
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Factors To Be Considered in Imposing a Sentence.—** The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider—
(1) the nature and circumstances of the offense and the history and characteristics of the defendant;
(2) the need for the sentence imposed—
(A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the defendant; and
(D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;
(3) the kinds of sentences available;
(4) the kinds of sentence and the sentencing range established for—
(A) the applicable category of offense committed by the applicable category of defendant as set forth in the guidelines—
(i) issued by the Sentencing Commission pursuant to [section 994(a)(1) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section994/a/1&num=0&edition=prelim), United States Code, subject to any amendments made to such guidelines by act of Congress (regardless of whether such amendments have yet to be incorporated by the Sentencing Commission into amendments issued under [section 994(p) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section994/p&num=0&edition=prelim)); and
(ii) that, except as provided in section 3742(g), are in effect on the date the defendant is sentenced; or
(B) in the case of a violation of probation or supervi
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3553
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Federal law — U.S. Code and appendices · legal_authorities
Page 905
TITLE 21—FOOD AND DRUGS
§ 961
1 See References in Text note below.
tence for the offense has not been imposed as of Dec. 21,
2018, see section 401(c) of Pub. L. 115–391, set out as a
note under section 802 of this title.
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 1994 AMENDMENT
Amendment by section 330024(d)(2) of Pub. L. 103–322
effective 120 days after Dec. 17, 1993, see section 330024(f)
of Pub. L. 103–322, 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 section 6053(c) of Pub. L. 100–690 effec-
tive 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
Amendment by section 1004(a) of Pub. L. 99–570 effec-
tive on date of taking effect of section 3583 of Title 18,
Crimes and Criminal Procedure (Nov. 1, 1987), see sec-
tion 1004(b) of Pub. L. 99–570 set out as a note under sec-
tion 841 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by section 225 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
Section effective on first day of seventh calendar
month th
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 961
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