21 U.S.C. § 842 — Prohibited acts B

Page 847 TITLE 21—FOOD AND DRUGS § 842 as provided in subparagraphs (A) and (C),’’ for ‘‘which is a narcotic drug’’, ‘‘$125,000’’ for ‘‘$25,000’’, and ‘‘$250,000’’ for ‘‘$50,000’’, and inserted references to laws of a State and a foreign country. Former subpar. (B) re- designated (C). Subsec. (b)(1)(C). Pub. L. 98–473, § 502(1)(A), (C), redes- ignated former subpar. (B) as (C), substituted ‘‘less than 50 kilograms of marihuana, 10 kilograms of hash- ish, or one kilogram of hashish oil’’ for ‘‘a controlled substance in schedule I or II which is not a narcotic drug’’, ‘‘and (5)’’ for ‘‘, (5), and (6)’’, ‘‘$50,000’’ for ‘‘$15,000’’, and ‘‘$100,000’’ for ‘‘$30,000’’, and inserted ref- erences to laws of a State and a foreign country. Subsec. (b)(2). Pub. L. 98–473, § 502(2), substituted ‘‘$25,000’’ for ‘‘$10,000’’ and ‘‘$50,000’’ for ‘‘$20,000’’, and inserted references to laws of a State or of a foreign country. Subsec. (b)(3). Pub. L. 98–473, § 502(3), substituted ‘‘$10,000’’ for ‘‘$5,000’’ and ‘‘$20,000’’ for ‘‘$10,000’’, and in- serted references to laws of a State or of a foreign country. Subsec. (b)(4). Pub. L. 98–473, § 502(4), substituted ‘‘(1)(C)’’ for ‘‘(1)(B)’’. Pub. L. 98–473, § 224(a)(1), as renumbered by Pub. L. 99–570, § 1005(a), substituted ‘‘in section 844 of this title and section 3607 of title 18’’ for ‘‘in subsections (a) and (b) of section 844 of this title’’. Subsec. (b)(5). Pub. L. 98–473, § 502(5), (6), added par. (5) and struck out former par. (5) which related to pen- alties for manufacturing, etc., phencyclidine. Subsec. (b)(6). Pub. L. 98–473, § 502(5), struck out par. (6) which related to penalties for violations involving a quantity of marihuana exceeding 1,000 pounds. Subsec. (c). Pub. L. 98–473, § 224(a)(2), as renumbered by Pub. L. 99–570, § 1005(a), struck out subsec. (c) which read as follows: ‘‘A special parole term imposed under this section or section 845, 845a, or 845b of this title may be revoked if its terms and conditions are vio- lated. In such circumstances the original term of im- prisonment shall be increased by the period of the spe- cial parole term and the resulting new term of impris- onment shall not be diminished by the time which was spent on special parole. A person whose special parole term has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. A special parole term provided for in this section or section 845, 845a, or 845b of this title shall be in addi- tion to, and not in lieu of, any other parole provided for by law.’’ Pub. L. 98–473, § 503(b)(2), inserted reference to section 845a of this title in two places. 1980—Subsec. (b)(1)(B). Pub. L. 96–359, § 8(c)(1), in- serted reference to par. (6) of this subsection. Subsec. (b)(6). Pub. L. 96–359, § 8(c)(2), added par. (6). 1978—Subsec. (b)(1)(B). Pub. L. 95–633, § 201(1), inserted ‘‘, except as provided in paragraphs (4) and (5) of this subsection,’’ after ‘‘such person shall’’. Subsec. (b)(5). Pub. L. 95–633, § 201(2), added par. (5). Subsec. (d). Pub. L. 95–633, § 201(3), added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–391 applicable to any of- fense that was committed before Dec. 21, 2018, if a sen- 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 1988 AMENDMENT Amendment by section 6055 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 Pub. L. 99–570, title I, § 1004(b), Oct. 27, 1986, 100 Stat. 3207–6, provided that: ‘‘The amendments made by this section [amending this section and sections 845, 845a, 960, and 962 of this title] shall take effect on the date of the taking effect of section 3583 of title 18, United States Code [Nov. 1, 1987].’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 224(a) of Pub. L. 98–473 effec- tive Nov. 1, 1987, and applicable only to offenses com- mitted after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effec- tive Date note under section 3551 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–633 effective Nov. 10, 1978, see section 203(a) of Pub. L. 95–633 set out as an Effec- tive Date note under section 830 of this title. 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. REPEALS Pub. L. 96–359, § 8(b), Sept. 26, 1980, 94 Stat. 1194, re- pealed section 203(d) of Pub. L. 95–633, which had pro- vided for the repeal of subsec. (d) of this section effec- tive Jan. 1, 1981. APPLICATION OF FAIR SENTENCING ACT Pub. L. 115–391, title IV, § 404, Dec. 21, 2018, 132 Stat. 5222, provided that: ‘‘(a) DEFINITION OF COVERED OFFENSE.—In this sec- tion, the term ‘covered offense’ means a violation of a Federal criminal statute, the statutory penalties for which were modified by section 2 or 3 of the Fair Sen- tencing Act of 2010 (Public Law 111–220; 124 Stat. 2372) [amending this section and sections 844 and 960 of this title], that was committed before August 3, 2010. ‘‘(b) DEFENDANTS PREVIOUSLY SENTENCED.—A court that imposed a sentence for a covered offense may, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the Government, or the court, impose a reduced sentence as if sections 2 and 3 of the Fair Sentencing Act of 2010 (Public Law 111–220; 124 Stat. 2372) were in effect at the time the covered of- fense was committed. ‘‘(c) LIMITATIONS.—No court shall entertain a motion made under this section to reduce a sentence if the sen- tence was previously imposed or previously reduced in accordance with the amendments made by sections 2 and 3 of the Fair Sentencing Act of 2010 (Public Law 111–220; 124 Stat. 2372) or if a previous motion made under this section to reduce the sentence was, after the date of enactment of this Act [Dec. 21, 2018], denied after a complete review of the motion on the merits. Nothing in this section shall be construed to require a court to reduce any sentence pursuant to this section.’’ § 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 sub- stance in violation of section 829 of this title; (2) who is a registrant to distribute or dis- pense a controlled substance not authorized by his registration to another registrant or other authorized person or to manufacture a con- trolled substance not authorized by his reg- istration; (3) who is a registrant to distribute a con- trolled substance in violation of section 825 of this title; Page 848 TITLE 21—FOOD AND DRUGS § 842 1 So in original. Probably should be ‘‘section 830(a)(3) of this title;’’. 2 See References in Text note below. (4) to remove, alter, or obliterate a symbol or label required by section 825 of this title; (5) to refuse or negligently fail to make, keep, or furnish any record, report, notifica- tion, declaration, order or order form, state- ment, 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 em- ployees of the United States, or to the courts when relevant in any judicial proceeding under this subchapter or subchapter II, any in- formation acquired in the course of an inspec- tion authorized by this subchapter concerning any method or process which as a trade secret is entitled to protection, or to use to his own advantage or reveal (other than as authorized by section 830 of this title) any information that is confidential under such section; (9) who is a regulated person to engage in a regulated transaction without obtaining the identification required by 830(a)(3) of this title.1 (10) negligently to fail to keep a record or make a report under section 830 of this title or negligently to fail to self-certify as required under section 830 of this title; (11) to distribute a laboratory supply to a person who uses, or attempts to use, that lab- oratory supply to manufacture a controlled substance or a listed chemical, in violation of this subchapter or subchapter II, with reckless disregard for the illegal uses to which such a laboratory supply will be put; (12) who is a regulated seller, or a distributor required to submit reports under subsection (b)(3) of section 830 of this title— (A) to sell at retail a scheduled listed chemical product in violation of paragraph (1) of subsection (d) of such section, knowing at the time of the transaction involved (independent of consulting the logbook under subsection (e)(1)(A)(iii) of such sec- tion) that the transaction is a violation; or (B) to knowingly or recklessly sell at re- tail such a product in violation of paragraph (2) of such subsection (d); (13) who is a regulated seller to knowingly or recklessly sell at retail a scheduled listed chemical product in violation of subsection (e) of such section; (14) who is a regulated seller or an employee or agent of such seller to disclose, in violation of regulations under subparagraph (C) of sec- tion 830(e)(1) of this title, information in logbooks under subparagraph (A)(iii) of such section, or to refuse to provide such a logbook to Federal, State, or local law enforcement au- thorities; (15) to distribute a scheduled listed chemical product to a regulated seller, or to a regulated person referred to in section 830(b)(3)(B) of this title, unless such regulated seller or regulated person is, at the time of such distribution, cur- rently registered with the Drug Enforcement Administration, or on the list of persons re- ferred to under section 830(e)(1)(B)(v) of this title; (16) to violate subsection (e) of section 825 of this title; 2 or (17) in the case of a registered manufacturer or distributor of opioids, to fail to review the most recent information, directly related to the customers of the manufacturer or dis- tributor, made available by the Attorney Gen- eral in accordance with section 827(f) of this title. As used in paragraph (11), the term ‘‘laboratory supply’’ means a listed chemical or any chem- ical, substance, or item on a special surveillance list published by the Attorney General, which contains chemicals, products, materials, or equipment used in the manufacture of con- trolled substances and listed chemicals. For pur- poses of paragraph (11), there is a rebuttable pre- sumption of reckless disregard at trial if the At- torney General notifies a firm in writing that a laboratory supply sold by the firm, or any other person or firm, has been used by a customer of the notified firm, or distributed further by that customer, for the unlawful production of con- trolled substances or listed chemicals a firm dis- tributes and 2 weeks or more after the notifica- tion the notified firm distributes a laboratory supply to the customer. For purposes of para- graph (15), if the distributor is temporarily un- able to access the list of persons referred to under section 830(e)(1)(B)(v) of this title, the dis- tributor may rely on a written, faxed, or elec- tronic copy of a certificate of self-certification submitted by the regulated seller or regulated person, provided the distributor confirms within 7 business days of the distribution that such reg- ulated seller or regulated person is on the list referred to under section 830(e)(1)(B)(v) of this title. (b) Manufacture It shall be unlawful for any person who is a registrant to manufacture a controlled sub- stance in schedule I or II, or ephedrine, pseudoephedrine, or phenylpropanolamine or any of the salts, optical isomers, or salts of opti- cal isomers of such chemical, which is— (1) not expressly authorized by his registra- tion and by a quota assigned to him pursuant to section 826 of this title; or (2) in excess of a quota assigned to him pur- suant to section 826 of this title. (c) Penalties (1)(A) Except as provided in subparagraph (B), (C), or (D) of this paragraph and paragraph (2), any person who violates this section shall, with respect to any such violation, be subject to a civil penalty of not more than $25,000. The dis- trict courts of the United States (or, where there is no such court in the case of any terri- tory or possession of the United States, then the court in such territory or possession having the Page 849 TITLE 21—FOOD AND DRUGS § 842 jurisdiction of a district court of the United States in cases arising under the Constitution and laws of the United States) shall have juris- diction in accordance with section 1355 of title 28 to enforce this paragraph. (B)(i) Except as provided in clause (ii), in the case of a violation of paragraph (5), (10), or (17) of subsection (a), the civil penalty shall not ex- ceed $10,000. (ii) In the case of a violation described in clause (i) committed by a registered manufac- turer or distributor of opioids and related to the reporting of suspicious orders for opioids, failing to maintain effective controls against diversion of opioids, or failing to review the most recent information made available by the Attorney General in accordance with section 827(f) of this title, the penalty shall not exceed $100,000. (C) In the case of a violation of paragraph (16) of subsection (a) of this section by an importer, exporter, manufacturer, or distributor (other than as provided in subparagraph (D)), up to $500,000 per violation. For purposes of this sub- paragraph, a violation is defined as each in- stance of importation, exportation, manufac- turing, distribution, or possession with intent to manufacture or distribute, in violation of para- graph (16) of subsection (a). (D) In the case of a distribution, dispensing, or possession with intent to distribute or dispense in violation of paragraph (16) of subsection (a) of this section at the retail level, up to $1000 per violation. For purposes of this paragraph, the term ‘‘at the retail level’’ refers to products sold, or held for sale, directly to the consumer for personal use. Each package, container or other separate unit containing an anabolic ster- oid that is distributed, dispensed, or possessed with intent to distribute or dispense at the re- tail level in violation of such paragraph (16) of subsection (a) shall be considered a separate vio- lation. (2)(A) If a violation of this section is pros- ecuted by an information or indictment which alleges that the violation was committed know- ingly and the trier of fact specifically finds that the violation was so committed, such person shall, except as otherwise provided in subpara- graph (B) or (D) of this paragraph, be sentenced to imprisonment of not more than one year or a fine under title 18, or both. (B) If a violation referred to in subparagraph (A) was committed after one or more prior con- victions of the offender for an offense punishable under this paragraph (2), or for a crime under any other provision of this subchapter or sub- chapter II or other law of the United States re- lating to narcotic drugs, marihuana, or depres- sant or stimulant substances, have become final, such person shall be sentenced to a term of im- prisonment of not more than 2 years, a fine under title 18, or both. (C) In addition to the penalties set forth else- where in this subchapter or subchapter II, any business that violates paragraph (11) of sub- section (a) shall, with respect to the first such violation, be subject to a civil penalty of not more than $250,000, but shall not be subject to criminal penalties under this section, and shall, for any succeeding violation, be subject to a civil fine of not more than $250,000 or double the last previously imposed penalty, whichever is greater. (D) In the case of a violation described in sub- paragraph (A) that was a violation of paragraph (5), (10), or (17) of subsection (a) committed by a registered manufacturer or distributor of opioids that relates to the reporting of sus- picious orders for opioids, failing to maintain ef- fective controls against diversion of opioids, or failing to review the most recent information made available by the Attorney General in ac- cordance with section 827(f) of this title, the criminal fine under title 18 shall not exceed $500,000. (3) Except under the conditions specified in paragraph (2) of this subsection, a violation of this section does not constitute a crime, and a judgment for the United States and imposition of a civil penalty pursuant to paragraph (1) shall not give rise to any disability or legal disadvan- tage based on conviction for a criminal offense. (4)(A) If a regulated seller, or a distributor re- quired to submit reports under section 830(b)(3) of this title, violates paragraph (12) of sub- section (a) of this section, or if a regulated seller violates paragraph (13) of such subsection, the Attorney General may by order prohibit such seller or distributor (as the case may be) from selling any scheduled listed chemical product. Any sale of such a product in violation of such an order is subject to the same penalties as apply under paragraph (2). (B) An order under subparagraph (A) may be imposed only through the same procedures as apply under section 824(c) of this title for an order to show cause. (Pub. L. 91–513, title II, § 402, Oct. 27, 1970, 84 Stat. 1262; Pub. L. 95–633, title II, § 202(b)(1), (2), Nov. 10, 1978, 92 Stat. 3776; Pub. L. 100–690, title VI, § 6056, Nov. 18, 1988, 102 Stat. 4318; Pub. L. 104–237, title II, § 205, Oct. 3, 1996, 110 Stat. 3103; Pub. L. 105–277, div. A, § 101(b) [title I, § 117], Oct. 21, 1998, 112 Stat. 2681–50, 2681–68; Pub. L. 107–273, div. B, title IV, § 4002(b)(16), (d)(2)(B), Nov. 2, 2002, 116 Stat. 1808, 1809; Pub. L. 109–177, title VII, §§ 711(f)(1)(A), (2), 714, Mar. 9, 2006, 120 Stat. 262–264; Pub. L. 111–268, §§ 4, 5, Oct. 12, 2010, 124 Stat. 2847, 2848; Pub. L. 113–260, § 3(c), Dec. 18, 2014, 128 Stat. 2931; Pub. L. 115–271, title III, § 3273(c), Oct. 24, 2018, 132 Stat. 3953.) Editorial Notes REFERENCES IN TEXT Section 825 of this title, referred to in subsec. (a)(16), was so in the original, but probably should have been a reference to section 305 of Pub. L. 91–513, which is classified to section 825 of this title. Schedules I and II, referred to in subsec. (b), are set out in section 812(c) of this title. AMENDMENTS 2018—Subsec. (a)(17). Pub. L. 115–271, § 3273(c)(1), added par. (17). Subsec. (c)(1)(B). Pub. L. 115–271, § 3273(c)(2)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: ‘‘In the case of a violation of paragraph (5) or (10) of subsection (a), the civil penalty shall not exceed $10,000.’’ Subsec. (c)(2)(A). Pub. L. 115–271, § 3273(c)(2)(B)(i), in- serted ‘‘or (D)’’ after ‘‘subparagraph (B)’’. Subsec. (c)(2)(D). Pub. L. 115–271, § 3273(c)(2)(B)(ii), added subpar. (D). 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 ‘‘under title 18’’ for ‘‘of $50,000’’. Subsec. (c)(2)(C). Pub. L. 107–273, § 4002(b)(16), re- aligned margins. 1998—Subsec. (a)(5). Pub. L. 105–277, § 101(b) [title I, § 117(1)], inserted ‘‘negligently’’ before ‘‘fail’’. Subsec. (a)(10). Pub. L. 105–277, § 101(b) [title I, § 117(2)], inserted ‘‘negligently’’ before ‘‘to fail’’. Subsec. (c)(1). Pub. L. 105–277, § 101(b) [title I, § 117(3)], designated existing provisions as subpar. (A), inserted ‘‘subparagraph (B) of this paragraph and’’ before ‘‘para- graph (2)’’, and added subpar. (B). 1996—Subsec. (a). Pub. L. 104–237, § 205(a), added par. (11) and closing provisions. Subsec. (c)(2)(C). Pub. L. 104–237, § 205(b), added sub- par. (C). 1988—Subsec. (a)(8). Pub. L. 100–690, § 6056(a), inserted ‘‘, or to use to his own advantage or reveal (other than as authorized by section 830 of this title) any informa- tion that is confidential under such section’’ after ‘‘protection’’. Subsec. (a)(9). Pub. L. 100–690, § 6056(b), amended par. (9) generally. Prior to amendment, par. (9) read as fol- lows: ‘‘to distribute or sell piperidine in violation of regulations established under section 830(a)(2) of this title, respecting presentation of identification.’’ Subsec. (a)(10). Pub. L. 100–690, § 6056(d), added par. (10). Subsec. (c)(2)(C). Pub. L. 100–690, § 6056(c), struck out subpar. (C) which read as follows: ‘‘Subparagraphs (A) and (B) shall not apply to a violation of subsection (a)(5) of this section with respect to a refusal or failure to make a report required under section 830(a) of this title (relating to piperidine reporting).’’ 1978—Subsec. (a)(9). Pub. L. 95–633, § 202(b)(1), added par. (9). Subsec. (c)(2)(C). Pub. L. 95–633, § 202(b)(2), added sub- par. (C). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–268 effective 180 days after Oct. 12, 2010, see section 6(a) of Pub. L. 111–268, set out as a note under section 830 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, see section 203(a) of Pub. L. 95–633 set out as an Effec- tive Date note under section 830 of this title. 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. REPEALS Pub. L. 96–359, § 8(b), Sept. 26, 1980, 94 Stat. 1194, re- pealed section 203(d) of Pub. L. 95–633, which had pro- vided for the repeal of subsecs. (a)(9) and (c)(2)(C) of this section effective Jan. 1, 1981. § 843. Prohibited acts C (a) Unlawful acts It shall be unlawful for any person knowingly or intentionally— (1) who is a registrant to distribute a con- trolled substance classified in schedule I or II, in the course of his legitimate business, except pursuant to an order or an order form as re- quired by section 828 of this title; (2) to use in the course of the manufacture, distribution, or dispensing of a controlled sub- stance, or to use for the purpose of acquiring or obtaining a controlled substance, a reg- istration number which is fictitious, revoked, suspended, expired, or issued to another per- son; (3) to acquire or obtain possession of a con- trolled substance by misrepresentation, fraud, forgery, deception, or subterfuge; (4)(A) to furnish false or fraudulent material information in, or omit any material informa- tion 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 identifica- tion where the person is receiving or pur- chasing a listed chemical and the person is re- quired to present identification under section 830(a) of this title; (5) to make, distribute, or possess any punch, die, plate, stone, or other thing de- signed 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 ma- chine, 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 im- port any three-neck round-bottom flask, tableting machine, encapsulating machine, or