21 U.S.C. § 846 — Attempt and conspiracy

Page 856 TITLE 21—FOOD AND DRUGS §§ 845 to 845b of Justice solely for the purpose of determining in any subsequent proceeding whether the per- son qualified for a civil penalty or expungement under this section. If a record is expunged under this subsection, an individual concerning whom such an expungement has been made shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge a proceeding under this section or the results thereof in response to an inquiry made of him for any purpose. (Pub. L. 91–513, title II, § 405, formerly Pub. L. 100–690, title VI, § 6486, Nov. 18, 1988, 102 Stat. 4384, renumbered § 405 of Pub. L. 91–513, and amended Pub. L. 101–647, title X, § 1002(g)(1), (2), Nov. 29, 1990, 104 Stat. 4828.) Editorial Notes PRIOR PROVISIONS A prior section 405 of Pub. L. 91–513 was renumbered section 418 and is classified to section 859 of this title. AMENDMENTS 1990—Subsec. (a). Pub. L. 101–647, § 1002(g)(2)(A), made technical amendments to references to sections 841(b)(1)(A) and 844 of this title to correct references to corresponding provisions of original act. Subsecs. (c), (j)(4). Pub. L. 101–647, § 1002(g)(2)(B), (C), struck out ‘‘as defined in section 802 of this title’’ after ‘‘controlled substance’’. §§ 845 to 845b. Transferred Editorial Notes CODIFICATION Section 845, Pub. L. 91–513, title II, § 405, Oct. 27, 1970, 84 Stat. 1265, as amended, which related to distribution of controlled substances to persons under age twenty- one, was renumbered § 418 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(a)(1), Nov. 29, 1990, 104 Stat. 4827, and transferred to section 859 of this title. Section 845a, Pub. L. 91–513, title II, § 405A, as added Pub. L. 98–473, title II, § 503(a), Oct. 12, 1984, 98 Stat. 2069, and amended, which related to distribution or manufacturing of controlled substances in or near schools and colleges, was renumbered § 419 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(b), Nov. 29, 1990, 104 Stat. 4827, and transferred to section 860 of this title. Section 845b, Pub. L. 91–513, title II, § 405B, as added Pub. L. 99–570, title I, § 1102, Oct. 27, 1986, 100 Stat. 3207–10, and amended, which related to employment or use of persons under 18 years of age in drug operations, was renumbered § 420 of Pub. L. 91–513 by Pub. L. 101–647, title X, § 1002(c), Nov. 29, 1990, 104 Stat. 4827, and transferred to section 861 of this title. § 846. Attempt and conspiracy Any person who attempts or conspires to com- mit any offense defined in this subchapter shall be subject to the same penalties as those pre- scribed for the offense, the commission of which was the object of the attempt or conspiracy. (Pub. L. 91–513, title II, § 406, Oct. 27, 1970, 84 Stat. 1265; Pub. L. 100–690, title VI, § 6470(a), Nov. 18, 1988, 102 Stat. 4377.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–690 substituted ‘‘shall be subject to the same penalties as those prescribed for the offense’’ for ‘‘is punishable by imprisonment or fine or both which may not exceed the maximum punishment pre- scribed for the offense’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title. § 847. Additional penalties Any penalty imposed for violation of this sub- chapter shall be in addition to, and not in lieu of, any civil or administrative penalty or sanc- tion authorized by law. (Pub. L. 91–513, title II, § 407, Oct. 27, 1970, 84 Stat. 1265.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91–513, set out as a note under section 801 of this title. § 848. Continuing criminal enterprise (a) Penalties; forfeitures Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 20 years and which may be up to life imprison- ment, to a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $2,000,000 if the defendant is an indi- vidual or $5,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 853 of this title; except that if any per- son engages in such activity after one or more prior convictions of him under this section have become final, he shall be sentenced to a term of imprisonment which may not be less than 30 years and which may be up to life imprison- ment, to a fine not to exceed the greater of twice the amount authorized in accordance with the provisions of title 18 or $4,000,000 if the de- fendant is an individual or $10,000,000 if the de- fendant is other than an individual, and to the forfeiture prescribed in section 853 of this title. (b) Life imprisonment for engaging in continuing criminal enterprise Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a), if— (1) such person is the principal adminis- trator, organizer, or leader of the enterprise or is one of several such principal administra- tors, organizers, or leaders; and (2)(A) the violation referred to in subsection (c)(1) involved at least 300 times the quantity of a substance described in subsection 841(b)(1)(B) of this title, or (B) the enterprise, or any other enterprise in which the defendant was the principal or one of several principal administrators, orga- nizers, or leaders, received $10 million dollars in gross receipts during any twelve-month pe- riod of its existence for the manufacture, im-