21 U.S.C. § 959 — Possession, manufacture, or distribution of

Page 900 TITLE 21—FOOD AND DRUGS § 959 CODIFICATION In subsecs. (a) and (d), ‘‘May 1, 1971’’ substituted for ‘‘the effective date of this section’’ and ‘‘the effective date of this part’’, respectively. AMENDMENTS 2022—Subsec. (c)(1). Pub. L. 117–215, § 103(b)(2)(A), sub- stituted ‘‘823(e)’’ for ‘‘823(d)’’. Subsec. (c)(2)(B). Pub. L. 117–215, § 103(b)(2)(B), sub- stituted ‘‘823(i)’’ for ‘‘823(h)’’. 2004—Subsec. (f). Pub. L. 108–447, which directed amendment of subsec. (f) of section 1088 of the Con- trolled Substances Import and Export Act by inserting ‘‘and control’’ after ‘‘the registration’’ and substituting ‘‘listed chemicals’’ for ‘‘list I chemicals under this sec- tion’’, was executed to subsec. (f) of this section, which is section 1008 of the Controlled Substances Import and Export Act, to reflect the probable intent of Congress. 1993—Subsec. (c). Pub. L. 103–200, § 3(f)(1), designated existing provisions as par. (1) and added par. (2). Subsec. (d)(3). Pub. L. 103–200, § 3(f)(2)(A), inserted ‘‘or list I chemical or chemicals,’’ after ‘‘substances,’’. Subsec. (d)(6). Pub. L. 103–200, § 3(f)(2)(B), inserted ‘‘or list I chemicals’’ after ‘‘controlled substances’’ wher- ever appearing. Subsec. (e). Pub. L. 103–200, § 3(f)(3), inserted reference to section 830 of this title. Subsecs. (f) to (h). Pub. L. 103–200, § 3(f)(4), inserted ‘‘or list I chemicals’’ after ‘‘controlled substances’’. 1986—Subsec. (e). Pub. L. 99–570 substituted ‘‘sec- tions’’ for first reference to ‘‘section’’. 1984—Subsec. (b). Pub. L. 98–473, § 524, substituted ‘‘Registration granted under this section shall not enti- tle a registrant to import or export controlled sub- stances other than specified in the registration’’ for ‘‘Registration granted under subsection (a) of this sec- tion shall not entitle a registrant to import or export controlled substances in schedule I or II other than those specified in the registration’’. Subsecs. (d) to (i). Pub. L. 98–473, § 525, added subsec. (d), redesignated former subsec. (d) as (e) and struck out reference to section 824 of this title, and redesig- nated former subsecs. (e) to (h) as (f) to (i), respec- tively. Statutory Notes and Related Subsidiaries 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 Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as a under section 951 of this title. § 959. Possession, manufacture, or distribution of controlled substance (a) Manufacture or distribution for purpose of unlawful importation It shall be unlawful for any person to manu- facture or distribute a controlled substance in schedule I or II or flunitrazepam or a listed chemical intending, knowing, or having reason- able cause to believe that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States. (b) Manufacture or distribution of listed chem- ical for purpose of manufacture or unlawful importation of controlled substance It shall be unlawful for any person to manu- facture or distribute a listed chemical— (1) intending or knowing that the listed chemical will be used to manufacture a con- trolled substance; and (2) intending, knowing, or having reasonable cause to believe that the controlled substance will be unlawfully imported into the United States. (c) Possession, manufacture, or distribution by person on board aircraft It shall be unlawful for any United States cit- izen on board any aircraft, or any person on board an aircraft owned by a United States cit- izen or registered in the United States, to— (1) manufacture or distribute a controlled substance or listed chemical; or (2) possess a controlled substance or listed chemical with intent to distribute. (d) Acts committed outside territorial jurisdic- tion of United States This section is intended to reach acts of manu- facture or distribution committed outside the territorial jurisdiction of the United States. (Pub. L. 91–513, title III, § 1009, Oct. 27, 1970, 84 Stat. 1289; Pub. L. 99–570, title III, § 3161(a), Oct. 27, 1986, 100 Stat. 3207–94; Pub. L. 104–237, title I, § 102(a), (b), Oct. 3, 1996, 110 Stat. 3100; Pub. L. 104–305, § 2(b)(2)(A), Oct. 13, 1996, 110 Stat. 3807; Pub. L. 114–154, § 2, May 16, 2016, 130 Stat. 387; Pub. L. 115–91, div. A, title X, § 1012(b), Dec. 12, 2017, 131 Stat. 1546.) Editorial Notes REFERENCES IN TEXT Schedules I and II, referred to in subsec. (a), are set out in section 812(c) of this title. AMENDMENTS 2017—Subsec. (d). Pub. L. 115–91 struck out ‘‘; venue’’ after ‘‘United States’’ in heading and ‘‘Any person who violates this section shall be tried in the United States district court at the point of entry where such person enters the United States, or in the United States Dis- trict Court for the District of Columbia.’’ after ‘‘United States.’’ in text. 2016—Subsec. (a). Pub. L. 114–154, § 2(2), substituted ‘‘It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or a listed chemical intending, knowing, or having reasonable cause to believe that such sub- stance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States.’’ for ‘‘It shall be unlawful for any person to manufacture or dis- tribute a controlled substance in schedule I or II or flunitrazepam or listed chemical— ‘‘(1) intending that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States; or ‘‘(2) knowing that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States.’’ Subsecs. (b) to (d). Pub. L. 114–154 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. 1996—Subsec. (a). Pub. L. 104–305 inserted ‘‘or flunitrazepam’’ after ‘‘schedule I or II’’ in introductory provisions. Pub. L. 104–237, § 102(a), inserted ‘‘or listed chemical’’ after ‘‘schedule I or II’’ in introductory provisions and ‘‘or chemical’’ after ‘‘substance’’ in pars. (1) and (2). Subsec. (b). Pub. L. 104–237, § 102(b), inserted ‘‘or list- ed chemical’’ after ‘‘controlled substance’’ in pars. (1) and (2). 1986—Pub. L. 99–570 designated first sentence as sub- sec. (a) and inserted ‘‘or into waters within a distance Page 901 TITLE 21—FOOD AND DRUGS § 960 1 So in original. The period probably should be a semicolon. of 12 miles of the coast of the United States’’ in pars. (1) and (2), added subsec. (b), and designated last two sentences as subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as a under section 951 of this title. § 960. Prohibited acts A (a) Unlawful acts Any person who— (1) contrary to section 825, 952, 953, or 957 of this title, knowingly or intentionally imports or exports a controlled substance, (2) contrary to section 955 of this title, knowingly or intentionally brings or possesses on board a vessel, aircraft, or vehicle a con- trolled substance, or (3) contrary to section 959 of this title, man- ufactures, possesses with intent to distribute, or distributes a controlled substance, shall be punished as provided in subsection (b). (b) Penalties (1) In the case of a violation of subsection (a) of this section involving— (A) 1 kilogram or more of a mixture or sub- stance containing a detectable amount of her- oin; (B) 5 kilograms or more of a mixture or sub- stance containing a detectable amount of— (i) coca leaves, except coca leaves and ex- tracts of coca leaves from which cocaine, ec- gonine, and derivatives of ecgonine or their salts have been removed; (ii) cocaine, its salts, optical and geo- metric isomers, and salts or isomers; (iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (iv) any compound, mixture, or prepara- tion which contains any quantity of any of the substances referred to in clauses (i) through (iii); (C) 280 grams or more of a mixture or sub- stance described in subparagraph (B) which contains cocaine base; (D) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); (E) 10 grams or more of a mixture or sub- stance containing a detectable amount of ly- sergic acid diethylamide (LSD); (F) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [1- ( 2-phenylethyl ) -4-piperidinyl] propanamide or 100 grams or more of a mix- ture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2- phenylethyl)-4-piperidinyl] propanamide; (G) 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana; or (H) 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a detectable amount of meth- amphetamine, its salts, isomers, or salts of its isomers.1 the person committing such violation shall be sentenced to a term of imprisonment of not less than 10 years and not more than life and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than 20 years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provi- sions of title 18 or $10,000,000 if the defendant is an individual or $50,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior convic- tion for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 15 years and not more than life imprison- ment and if death or serious bodily injury re- sults from the use of such substance shall be sentenced to life imprisonment, a fine not to ex- ceed the greater of twice that authorized in ac- cordance with the provisions of title 18 or $20,000,000 if the defendant is an individual or $75,000,000 if the defendant is other than an indi- vidual, or both. Notwithstanding section 3583 of title 18, any sentence under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction, im- pose a term of supervised release of at least 10 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this paragraph. No person sentenced under this para- graph shall be eligible for parole during the term of imprisonment imposed therein. (2) In the case of a violation of subsection (a) of this section involving— (A) 100 grams or more of a mixture or sub- stance containing a detectable amount of her- oin; (B) 500 grams or more of a mixture or sub- stance containing a detectable amount of— (i) coca leaves, except coca leaves and ex- tracts of coca leaves from which cocaine, ec- gonine, and derivatives of ecgonine or their salts have been removed; (ii) cocaine, its salts, optical and geo- metric isomers, and salts or isomers; (iii) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or (iv) any compound, mixture, or prepara- tion which contains any quantity of any of the substances referred to in clauses (i) through (iii); (C) 28 grams or more of a mixture or sub- stance described in subparagraph (B) which contains cocaine base; (D) 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); (E) 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);