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 ‘‘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 Page 851 TITLE 21—FOOD AND DRUGS § 843 1 So in original. Probably should not be capitalized. 2 See References in Text note below. 3 So in original. Probably should be preceded by ‘‘section’’. 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 rea- sonable 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 pur- pose of evading a requirement of section 830 of this title or to receive a chemical mixture cre- ated 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 fa- cility in committing or in causing or facili- tating the commission of any act or acts consti- tuting a felony under any provision of this sub- chapter or subchapter II. Each separate use of a communication facility shall be a separate of- fense under this subsection. For purposes of this subsection, the term ‘‘communication facility’’ means any and all public and private instrumen- talities 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 know- ing that it has the purpose of seeking or offering illegally to receive, buy, or distribute a Sched- ule 1 I controlled substance. As used in this sec- tion the term ‘‘advertisement’’ includes, in addi- tion to its ordinary meaning, such advertise- ments as those for a catalog of Schedule 1 I con- trolled substances and any similar written ad- vertisement that has the purpose of seeking or offering illegally to receive, buy, or distribute a Schedule 1 I controlled substance. The term ‘‘ad- vertisement’’ 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 sub- stance. (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, distribu- tion, or dispensing is not authorized by this sub- chapter or by the Controlled Substances Import and Export Act [21 U.S.C. 951 et seq.]. (B) Examples of activities that violate sub- paragraph (A) include, but are not limited to, knowingly or intentionally causing the place- ment on the Internet of an advertisement that refers to or directs prospective buyers to Inter- net sellers of controlled substances who are not registered with a modification under section 823(g) of this title. (C) Subparagraph (A) does not apply to mate- rial that either— (i) merely advertises the distribution of con- trolled 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 sen- tenced to a term of imprisonment of not more than 4 years, a fine under title 18, or both; ex- cept 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 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 8 years, a fine under title 18, or both. (2) Any person who, with the intent to manu- facture 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 chap- ter; 2 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 declara- tory or injunctive relief relating to violations of this section, section 842 of this title, or 856 3 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. Page 852 TITLE 21—FOOD AND DRUGS § 844 (4) The court shall proceed as soon as prac- ticable to the hearing and determination of such an action. An action under this subsection is governed by the Federal Rules of Civil Proce- dure except that, if an indictment has been re- turned against the respondent, discovery is gov- erned by the Federal Rules of Criminal Proce- dure. (Pub. L. 91–513, title II, § 403, Oct. 27, 1970, 84 Stat. 1263; Pub. L. 95–633, title II, § 202(b)(3), Nov. 10, 1978, 92 Stat. 3776; Pub. L. 98–473, title II, § 516, Oct. 12, 1984, 98 Stat. 2074; Pub. L. 99–570, title I, § 1866(a), Oct. 27, 1986, 100 Stat. 3207–54; Pub. L. 100–690, title VI, § 6057, Nov. 18, 1988, 102 Stat. 4319; Pub. L. 103–200, § 3(g), Dec. 17, 1993, 107 Stat. 2337; Pub. L. 103–322, title IX, § 90106, Sept. 13, 1994, 108 Stat. 1988; Pub. L. 104–237, title II, §§ 203(a), 206(b), Oct. 3, 1996, 110 Stat. 3102, 3103; Pub. L. 107–273, div. B, title IV, § 4002(d)(2)(C), Nov. 2, 2002, 116 Stat. 1810; Pub. L. 108–21, title VI, § 608(d), Apr. 30, 2003, 117 Stat. 691; Pub. L. 110–425, § 3(g), Oct. 15, 2008, 122 Stat. 4830; Pub. L. 117–215, title I, § 103(b)(1)(H), Dec. 2, 2022, 136 Stat. 2263.) Editorial Notes REFERENCES IN TEXT Schedules I and II, referred to in subsecs. (a)(1) and (c)(1), are set out in section 812(c) of this title. This subchapter, referred to in subsec. (c)(2)(A), (C)(i), was in the original ‘‘this title’’, meaning title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, and is popularly known as the ‘‘Controlled Substances Act’’. For com- plete classification of title II to the Code, see second paragraph of Short Title note set out under section 801 of this title and Tables. The Controlled Substances Import and Export Act, referred to in subsec. (c)(2)(A), is title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285, which is classified principally to subchapter II (§ 951 et seq.) of this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 951 of this title and Tables. This subchapter or subchapter II of this chapter, re- ferred to in subsec. (d)(2)(B), was in the original a ref- erence to ‘‘this subchapter or subchapter II of this chapter’’ but probably should be a reference to ‘‘this title or title III of this Act’’, meaning titles II and III, respectively, of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, 1285. The Federal Rules of Civil Procedure, referred to in subsec. (f)(4), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. The Federal Rules of Criminal Procedure, referred to in subsec. (f)(4), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. AMENDMENTS 2022—Subsec. (c)(2)(B). Pub. L. 117–215 substituted ‘‘823(g)’’ for ‘‘823(f)’’. 2008—Subsec. (c). Pub. L. 110–425 designated existing provisions as par. (1) and added par. (2). 2003—Subsec. (f)(1). Pub. L. 108–21 substituted ‘‘this section, section 842 of this title, or 856 of this title’’ for ‘‘this section or section 842 of this title’’. 2002—Subsec. (d). Pub. L. 107–273 substituted ‘‘under title 18, or both;’’ for ‘‘of not more than $30,000, or both;’’ in two places and ‘‘under title 18, or both.’’ for ‘‘of not more than $60,000, or both.’’ in two places. 1996—Subsec. (d). Pub. L. 104–237, § 203(a), inserted par. (1) designation, substituted ‘‘Except as provided in paragraph (2), any person’’ for ‘‘Any person’’, and added par. (2). Subsec. (e). Pub. L. 104–237, § 206(b)(1), inserted ‘‘man- ufacture, exportation,’’ after ‘‘distribution,’’ and struck out ‘‘regulated’’ after ‘‘engaging in any’’. Subsec. (f). Pub. L. 104–237, § 206(b)(2), added subsec. (f). 1994—Subsecs. (c) to (e). Pub. L. 103–322 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. 1993—Subsec. (a)(6), (7). Pub. L. 103–200, § 3(g)(1), amended pars. (6) and (7) generally. Prior to amend- ment, pars. (6) and (7) read as follows: ‘‘(6) to possess any three-neck round-bottom flask, tableting machine, encapsulating machine, gelatin cap- sule, or equipment specially designed or modified to manufacture a controlled substance, with intent to manufacture a controlled substance except as author- ized by this subchapter; ‘‘(7) to manufacture, distribute, or import any three- neck round-bottom flask, tableting machine, encap- sulating machine, gelatin capsule, or equipment spe- cially designed or modified to manufacture a controlled substance, knowing that it will be used to manufacture a controlled substance except as authorized by this sub- chapter; or’’. Subsec. (a)(9). Pub. L. 103–200, § 3(g)(2), (3), added par. (9). 1988—Subsec. (a)(4)(B). Pub. L. 100–690, § 6057(a)(1), substituted ‘‘a listed chemical’’ for ‘‘piperidine’’. Subsec. (a)(6) to (8). Pub. L. 100–690, § 6057(a)(2)–(4), added pars. (6) to (8). Subsec. (d). Pub. L. 100–690, § 6057(b), added subsec. (d). 1986—Subsec. (a)(2). Pub. L. 99–570 substituted a semi- colon for the period at end. 1984—Subsec. (a)(2). Pub. L. 98–473 added applicability to dispensing, acquiring, or obtaining a controlled sub- stance, and applicability to an expired number. 1978—Subsec. (a)(4). Pub. L. 95–633, § 202(b)(3), des- ignated existing provisions as subpar. (A) and added subpar. (B). Statutory Notes and Related Subsidiaries 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 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 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, except as otherwise provided, see section 203(a) of Pub. L. 95–633, set out as an Effective Date note under sec- tion 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. (a)(4)(B) of this section effective Jan. 1, 1981. § 844. Penalties for simple possession (a) Unlawful acts; penalties It shall be unlawful for any person knowingly or intentionally to possess a controlled sub-