Browse Arkansas Code titles and sections
21 U.S.C. § 864 — Anhydrous ammonia
Federal law — U.S. Code and appendices · legal_authorities
Page 873
TITLE 21—FOOD AND DRUGS
§ 865
1 So in original. A second closing parenthesis probably should
precede the comma.
subsecs. (c) to (e) of this section. See Codification note
above.
Subsec. (f). Pub. L. 101–647, § 2401(c)(2), made technical
amendment to reference to ‘‘This section’’ to correct
reference to corresponding provision of original act.
Pub. L. 101–647, § 2401(b), redesignated subsec. (f) of
section 857 of this title as subsec. (f) of this section. See
Codification note above.
§ 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 accord-
ance with section 843(d) of this title as if such
violation were a violation of a provision of sec-
tion 843 of this title.
(Pub. L. 91–513, title II, § 423, as added Pub. L.
106–310, div. B, title XXXVI, § 3653(a), Oct. 17,
2000, 114 Stat. 1240.)
§ 864a.
Grants
to
reduce
production
of
methamphetamines from anhydrous ammo-
nia
(a) Definitions
In this section:
(1) Eligible entity
The term ‘‘eligible entity’’ means—
(A) a producer of agricultural commod-
ities;
(B) a cooperative association, a majority
of the members of which produce or process
agricultural commodities; or
(C) a person in the trade or business of—
(i) selling an agricultural product (in-
cluding an agricultural chemical) at retail,
predominantly to farmers and ranchers; or
(ii) aerial and ground application of an
agricultural chemical.
(2) Nurse tank
The term ‘‘nurse tan
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 864
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Stable record: federal_law:legal_authorities:usc2024-0dc6d4c26ea05bff0d1059bc
Source file: Laws/federal/codes/united-states-code-2024/title-21/section-864-anhydrous-ammonia--79e19fb080.md
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Source location: USCODE-2024-title21-chap13-subchapI-partD-sec864.pdf
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Page 873
TITLE 21—FOOD AND DRUGS
§ 865
1 So in original. A second closing parenthesis probably should
precede the comma.
subsecs. (c) to (e) of this section. See Codification note
above.
Subsec. (f). Pub. L. 101–647, § 2401(c)(2), made technical
amendment to reference to ‘‘This section’’ to correct
reference to corresponding provision of original act.
Pub. L. 101–647, § 2401(b), redesignated subsec. (f) of
section 857 of this title as subsec. (f) of this section. See
Codification note above.
§ 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 accord-
ance with section 843(d) of this title as if such
violation were a violation of a provision of sec-
tion 843 of this title.
(Pub. L. 91–513, title II, § 423, as added Pub. L.
106–310, div. B, title XXXVI, § 3653(a), Oct. 17,
2000, 114 Stat. 1240.)
§ 864a.
Grants
to
reduce
production
of
methamphetamines from anhydrous ammo-
nia
(a) Definitions
In this section:
(1) Eligible entity
The term ‘‘eligible entity’’ means—
(A) a producer of agricultural commod-
ities;
(B) a cooperative association, a majority
of the members of which produce or process
agricultural commodities; or
(C) a person in the trade or business of—
(i) selling an agricultural product (in-
cluding an agricultural chemical) at retail,
predominantly to farmers and ranchers; or
(ii) aerial and ground application of an
agricultural chemical.
(2) Nurse tank
The term ‘‘nurse tank’’ shall be considered
to be a cargo tank (within the meaning of sec-
tion 173.315(m) of title 49, Code of Federal Reg-
ulations, as in effect as of the date of the en-
actment of this Act).
(b) Grant authority
The Secretary may make a grant to an eligi-
ble entity to enable the eligible entity to obtain
and add to an anhydrous ammonia fertilizer
nurse tank a physical lock or a substance to re-
duce the amount of methamphetamine that can
be produced from any anhydrous ammonia re-
moved from the nurse tank.
(c) Grant amount
The amount of a grant made under this sec-
tion to an eligible entity shall be the product
obtained by multiplying—
(1) an amount not less than $40 and not more
than $60, as determined by the Secretary; and
(2) the number of fertilizer nurse tanks of
the eligible entity.
(d) Authorization of appropriations
There is authorized to be appropriated to the
Secretary to make grants under this section
$15,000,000 for the period of fiscal years 2008
through 2012.
(Pub. L. 110–234, title XIV, § 14203, May 22, 2008,
122 Stat. 1458; Pub. L. 110–246, § 4(a), title XIV,
§ 14203, June 18, 2008, 122 Stat. 1664, 2220.)
Editorial Notes
REFERENCES IN TEXT
The date of the enactment of this Act, referred to in
subsec. (a)(2), is the date of enactment of Pub. L.
110–246, which was approved June 18, 2008.
CODIFICATION
Pub. L. 110–234 and Pub. L. 110–246 enacted identical
sections. Pub. L. 110–234 was repealed by section 4(a) of
Pub. L. 110–246.
Section was enacted as part of the Food, Conserva-
tion, and Energy Act of 2008, and not as part of the Con-
trolled Substances Act which comprises this sub-
chapter.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Enactment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, see section 4 of
Pub. L. 110–246, set out as a note under section 8701 of
Title 7, Agriculture.
DEFINITION OF ‘‘SECRETARY’’
‘‘Secretary’’ as meaning the Secretary of Agri-
culture, see section 8701 of Title 7, Agriculture.
§ 865. Smuggling methamphetamine or meth-
amphetamine precursor chemicals into the
United States while using facilitated entry
programs
(a) Enhanced prison sentence
The sentence of imprisonment imposed on a
person convicted of an offense under the Con-
trolled Substances Act (21 U.S.C. 801 et seq.) or
the Controlled Substances Import and Export
Act (21 U.S.C. 951 et seq.), involving meth-
amphetamine or any listed chemical that is de-
fined in section 102(33) of the Controlled Sub-
stances Act (21 U.S.C. 802(33),1 shall, if the of-
fense is committed under the circumstance de-
scribed in subsection (b), be increased by a con-
secutive term of imprisonment of not more than
15 years.
(b) Circumstances
For purposes of subsection (a), the cir-
cumstance described in this subsection is that
the offense described in subsection (a) was com-
mitted by a person who—
(1) was enrolled in, or who was acting on be-
half of any person or entity enrolled in, any
dedicated commuter lane, alternative or accel-
erated inspection system, or other facilitated
entry program administered or approved by
the Federal Government for use in entering
the United States; and
(2) committed the offense while entering the
United States, using such lane, system, or pro-
gram.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
Page 772
TITLE 21—FOOD AND DRUGS
§ 801
Sec.
831.
Additional requirements relating to online
pharmacies and telemedicine.
832.
Suspicious orders.
PART D—OFFENSES AND PENALTIES
841.
Prohibited acts A.
842.
Prohibited acts B.
843.
Prohibited acts C.
844.
Penalties for simple possession.
844a.
Civil penalty for possession of small amounts
of certain controlled substances.
845 to 845b. Transferred.
846.
Attempt and conspiracy.
847.
Additional penalties.
848.
Continuing criminal enterprise.
849.
Transportation safety offenses.
850.
Information for sentencing.
851.
Proceedings to establish prior convictions.
852.
Application of treaties and other inter-
national agreements.
853.
Criminal forfeitures.
853a.
Transferred.
854.
Investment of illicit drug profits.
855.
Alternative fine.
856.
Maintaining drug-involved premises.
857.
Repealed.
858.
Endangering human life while illegally manu-
facturing controlled substance.
859.
Distribution to persons under age twenty-one.
860.
Distribution or manufacturing in or near
schools and colleges.
860a.
Consecutive sentence for manufacturing or
distributing, or possessing with intent to
manufacture or distribute, methamphet-
amine on premises where children are
present or reside.
861.
Employment or use of persons under 18 years
of age in drug operations.
862.
Denial of Federal benefits to drug traffickers
and possessors.
862a.
Denial of assistance and benefits for certain
drug-related convictions.
862b.
Sanctioning for testing positive for con-
trolled substances.
863.
Drug paraphernalia.
864.
Anhydrous ammonia.
864a.
Grants
to
reduce
production
of
methamphetamines from anhydrous ammo-
nia.
865.
Smuggling
methamphetamine
or
meth-
amphetamine precursor chemica
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 801
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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
Page 782
TITLE 21—FOOD AND DRUGS
§ 801a
ing it into counterfeit opioid pills. Because fentanyl is
lethal in even miniscule doses, this is an extremely
deadly tactic, as it too often causes users to ingest a
fatal amount unknowingly.
SEC. 2. Agency Action. The Secretary of Health and
Human Services shall, consistent with section 319 of
the Public Health Service Act, 42 U.S.C. 247d, consider
declaring that the drug demand and opioid crisis de-
scribed in section 1 of this memorandum constitutes a
Public Health Emergency. Additionally, the heads of
executive departments and agencies, as appropriate and
consistent with law, shall exercise all appropriate
emergency authorities, as well as other relevant au-
thorities, to reduce the number of deaths and minimize
the devastation the drug demand and opioid crisis in-
flicts upon American communities.
SEC. 3. General Provisions. (a) Nothing in this memo-
randum shall be construed to impair or otherwise af-
fect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget relating to budgetary, administra-
tive, or legislative proposals.
(b) This memorandum shall be implemented con-
sistent with applicable law and subject to the avail-
ability of appropriations.
(c) This memorandum is not intended to, and does
not, create any right or benefit, substantive or proce-
dural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other
person.
(d) The Secretary of Health and Human Services is
hereby authorized and directed to publish this memo-
randum in the Federal Register.
DONALD J. TRUMP.
§ 801a
Source: Supplied 2024 U.S. Code historical extraction · 21 U.S.C. § 802
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Federal law — U.S. Code and appendices · legal_authorities
**(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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 864
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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
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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