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21 U.S.C. § 843 — Prohibited acts C

Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 843 — Prohibited acts C

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Source location: Title 21, Chapter 13, § 843; chapter-013-drug-abuse-prevention-and-control.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section828&num=0&edition=prelim); (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, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section830/a&num=0&edition=prelim); (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; (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 or, in the case of an exportation, in violation of this subchapter or subchapter II 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section830&num=0&edition=prelim) 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. **(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. 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 11 So in original. Probably should not be capitalized. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section951&num=0&edition=prelim) 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(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section823/g&num=0&edition=prelim). (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 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), 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); (B) for a felony under any other provision of this subchapter or subchapter II of this chapter; 22 See References in Text note below. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section842&num=0&edition=prelim), or 856 33 So in original. Probably should be preceded by “section”. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section842&num=0&edition=prelim). (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.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 830 — Regulation of listed chemicals and certain machines

**(a) Record of regulated transactions** (1) Each regulated person who engages in a regulated transaction involving a listed chemical, a tableting machine, or an encapsulating machine shall keep a record of the transaction for two years after the date of the transaction. (2) A record under this subsection shall be retrievable and shall include the date of the regulated transaction, the identity of each party to the regulated transaction, a statement of the quantity and form of the listed chemical, a description of the tableting machine or encapsulating machine, and a description of the method of transfer. Such record shall be available for inspection and copying by the Attorney General. (3) It is the duty of each regulated person who engages in a regulated transaction to identify each other party to the transaction. It is the duty of such other party to present proof of identity to the regulated person. The Attorney General shall specify by regulation the types of documents and other evidence that constitute proof of identity for purposes of this paragraph. **(b) Reports to Attorney General** (1) Each regulated person shall report to the Attorney General, in such form and manner as the Attorney General shall prescribe by regulation— (A) any regulated transaction involving an extraordinary quantity of a listed chemical, an uncommon method of payment or delivery, or any other circumstance that the regulated person believes may indicate that the listed chemical will be used in violation of this subchapter; (B) any proposed regulated transaction with a person whose description or other identifying characteristic the Attorney General furnishes in advance to the regulated person; (C) any unusual or excessive loss or disappearance of a listed chemical under the c

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 801 — Congressional findings and declarations: controlled substances

The Congress makes the following findings and declarations: (1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people. (2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people. (3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because— (A) after manufacture, many controlled substances are transported in interstate commerce, (B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and (C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession. (4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances. (5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate. (6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 828 — Order forms

**(a) Unlawful distribution of controlled substances** It shall be unlawful for any person to distribute a controlled substance in schedule I or II to another except in pursuance of a written order of the person to whom such substance is distributed, made on a form to be issued by the Attorney General in blank in accordance with subsection (d) and regulations prescribed by him pursuant to this section. **(b) Nonapplicability of provisions** Nothing in subsection (a) shall apply to— (1) the exportation of such substances from the United States in conformity with subchapter II; (2) the delivery of such a substance to or by a common or contract carrier for carriage in the lawful and usual course of its business, or to or by a warehouseman for storage in the lawful and usual course of its business; but where such carriage or storage is in connection with the distribution by the owner of the substance to a third person, this paragraph shall not relieve the distributor from compliance with subsection (a); or (3) the delivery of such a substance for the purpose of disposal by an ultimate user, long-term care facility, or other person acting in accordance with [section 822(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section822/g&num=0&edition=prelim). **(c) Preservation and availability** (1) Every person who in pursuance of an order required under subsection (a) distributes a controlled substance shall preserve such order for a period of two years, and shall make such order available for inspection and copying by officers and employees of the United States duly authorized for that purpose by the Attorney General, and by officers or employees of States or their political subdivisions who are charged with the enforcement of State

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 842 — Prohibited acts B

**(a) Unlawful acts** It shall be unlawful for any person— (1) who is subject to the requirements of part C to distribute or dispense a controlled substance in violation of [section 829 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section829&num=0&edition=prelim); (2) who is a registrant to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person or to manufacture a controlled substance not authorized by his registration; (3) who is a registrant to distribute a controlled substance in violation of [section 825 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section825&num=0&edition=prelim); (4) to remove, alter, or obliterate a symbol or label required by [section 825 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section825&num=0&edition=prelim); (5) to refuse or negligently fail to make, keep, or furnish any record, report, notification, declaration, order or order form, statement, invoice, or information required under this subchapter or subchapter II; (6) to refuse any entry into any premises or inspection authorized by this subchapter or subchapter II; (7) to remove, break, injure, or deface a seal placed upon controlled substances pursuant to section 824(f) or 881 of this title or to remove or dispose of substances so placed under seal; (8) to use, to his own advantage, or to reveal, other than to duly authorized officers or employees of the United States, or to the courts when relevant in any judicial proceeding under this subchapter or subchapter II, any information acquired in the course of an inspection authorized by this subchapter concerning any method or process which

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 951 — Definitions

**(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.

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21 U.S.C. § 802 — Definitions

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

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 864 — Anhydrous ammonia

**(a)** It is unlawful for any person— (1) to steal anhydrous ammonia, or (2) to transport stolen anhydrous ammonia across State lines, knowing, intending, or having reasonable cause to believe that such anhydrous ammonia will be used to manufacture a controlled substance in violation of this part. **(b)** Any person who violates subsection (a) shall be imprisoned or fined, or both, in accordance with [section 843(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section843/d&num=0&edition=prelim) as if such violation were a violation of a provision of [section 843 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section843&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 843 — Prohibited acts C

Page 850 TITLE 21—FOOD AND DRUGS § 843 2014—Subsec. (a)(16). Pub. L. 113–260, § 3(c)(1), added par. (16). Subsec. (c)(1)(A). Pub. L. 113–260, § 3(c)(2)(A), inserted ‘‘, (C), or (D)’’ after ‘‘subparagraph (B)’’. Subsec. (c)(1)(C), (D). Pub. L. 113–260, § 3(c)(2)(B), added subpars. (C) and (D). 2010—Subsec. (a). Pub. L. 111–268, § 4(4), inserted ‘‘For purposes of paragraph (15), if the distributor is tempo- rarily unable to access the list of persons referred to under section 830(e)(1)(B)(v) of this title, the distributor may rely on a written, faxed, or electronic copy of a certificate of self-certification submitted by the regu- lated seller or regulated person, provided the dis- tributor confirms within 7 business days of the dis- tribution that such regulated seller or regulated person is on the list referred to under section 830(e)(1)(B)(v) of this title.’’ at end of concluding provisions. Subsec. (a)(10). Pub. L. 111–268, § 5, inserted ‘‘or neg- ligently to fail to self-certify as required under section 830 of this title’’ before semicolon. Subsec. (a)(15). Pub. L. 111–268, § 4(1)–(3), added par. (15). 2006—Subsec. (a)(12) to (14). Pub. L. 109–177, § 711(f)(1)(A), added pars. (12) to (14). Subsec. (b). Pub. L. 109–177, § 714, inserted ‘‘, or ephed- rine, pseudoephedrine, or phenylpropanolamine or any of the salts, optical isomers, or salts of optical isomers of such chemical,’’ after ‘‘manufacture a controlled substance in schedule I or II’’ in introductory provi- sions. Subsec. (c)(4). Pub. L. 109–177, § 711(f)(2), added par. (4). 2002—Subsec. (c)(2)(A). Pub. L. 107–273, § 4002(d)(2)(B)(i), substituted ‘‘under title 18’’ for ‘‘of not more than $25,000’’. Subsec. (c)(2)(B). Pub. L. 107–273, § 4002(d)(2)(B)(ii), substituted ‘‘und

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 951 — Definitions

Page 892 TITLE 21—FOOD AND DRUGS § 951 connection with the operations of the Drug En- forcement Administration abroad. (Pub. L. 91–513, title II, § 709, Oct. 27, 1970, 84 Stat. 1284; Pub. L. 93–481, § 1, Oct. 26, 1974, 88 Stat. 1455; Pub. L. 95–137, § 1(a), Oct. 18, 1977, 91 Stat. 1169; Pub. L. 96–132, §§ 13, 15, Nov. 30, 1979, 93 Stat. 1048; Pub. L. 97–414, § 9(g)(1), Jan. 4, 1983, 96 Stat. 2064.) Editorial Notes AMENDMENTS 1983—Pub. L. 97–414 struck out subsecs. (a) and (b) which had provided, respectively, that (a) there were authorized to be appropriated $105,000,000 for the fiscal year ending June 30, 1975, $175,000,000 for the fiscal year ending June 30, 1976, $200,000,000 for the fiscal year end- ing September 30, 1977, $188,000,000 for the fiscal year ending September 30, 1978, $215,000,000 for the fiscal year ending September 30, 1979, and $198,336,000 for the fiscal year ending September 30, 1980, for the expenses of the Department of Justice in carrying out its func- tions under this subchapter, and that (b) no funds ap- propriated under any other provision of this chapter could be used for the expenses of the Department of Justice for which funds were authorized to be appro- priated by former subsection (a) of this section, and re- moved the subsection designator (c) before ‘‘Notwith- standing’’. 1979—Subsec. (a). Pub. L. 96–132, § 15, inserted provi- sions authorizing appropriations of $198,336,000 for the fiscal year ending Sept. 30, 1980. Subsec. (c). Pub. L. 96–132, § 13, added subsec. (c). 1977—Subsec. (a). Pub. L. 95–137 substituted ‘‘Sep- tember 30, 1977, $188,000,000 for the fiscal year ending September 30, 1978, and $215,000,000 for the fiscal year ending September 30, 1979,’’ for ‘‘June 30, 1977,’’ and struck out ‘‘(other t

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