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U.S. Code as of:
01/19/04
Section 841. Prohibited acts A
(a) Unlawful acts
Except as authorized by this subchapter, it shall be unlawful for
any person knowingly or intentionally -
(1) to manufacture, distribute, or dispense, or possess with
intent to manufacture, distribute, or dispense, a controlled
substance; or
(2) to create, distribute, or dispense, or possess with intent
to distribute or dispense, a counterfeit substance.
(b) Penalties
Except as otherwise provided in section 849, 859, 860, or 861 of
this title, any person who violates subsection (a) of this section
shall be sentenced as follows:
(1)(A) In the case of a violation of subsection (a) of this
section involving -
(i) 1 kilogram or more of a mixture or substance containing a
detectable amount of heroin;
(ii) 5 kilograms or more of a mixture or substance containing a
detectable amount of -
(I) coca leaves, except coca leaves and extracts of coca
leaves from which cocaine, ecgonine, and derivatives of
ecgonine or their salts have been removed;
(II) cocaine, its salts, optical and geometric isomers, and
salts of isomers;
(III) ecgonine, its derivatives, their salts, isomers, and
salts of isomers; or
(IV) any compound, mixture, or preparation which contains any
quantity of any of the substances referred to in subclauses (I)
through (III);
(iii) 50 grams or more of a mixture or substance described in
clause (ii) which contains cocaine base;
(iv) 100 grams or more of phencyclidine (PCP) or 1 kilogram or
more of a mixture or substance containing a detectable amount of
phencyclidine (PCP);
(v) 10 grams or more of a mixture or substance containing a
detectable amount of lysergic acid diethylamide (LSD);
(vi) 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 mixture or
substance containing a detectable amount of any analogue of
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
(vii) 1000 kilograms or more of a mixture or substance
containing a detectable amount of marihuana, or 1,000 or more
marihuana plants regardless of weight; or
(viii) 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 methamphetamine, its
salts, isomers, or salts of its isomers;
such person shall be sentenced to a term of imprisonment which may
not be less than 10 years or more than life and if death or serious
bodily injury results from the use of such substance shall be not
less than 20 years or more than life, a fine not to exceed the
greater of that authorized in accordance with the provisions of
title 18 or $4,000,000 if the defendant is an individual or
$10,000,000 if the defendant is other than an individual, or both.
If any person commits such a violation after a prior conviction for
a felony drug offense has become final, such person shall be
sentenced to a term of imprisonment which may not be less than 20
years and not more than life imprisonment and if death or serious
bodily injury results from the use of such substance shall be
sentenced to life imprisonment, a fine not to exceed the greater of
twice that authorized in accordance with the provisions of title 18
or $8,000,000 if the defendant is an individual or $20,000,000 if
the defendant is other than an individual, or both. If any person
commits a violation of this subparagraph or of section 849, 859,
860, or 861 of this title after two or more prior convictions for a
felony drug offense have become final, such person shall be
sentenced to a mandatory term of life imprisonment without release
and fined in accordance with the preceding sentence.
Notwithstanding section 3583 of title 18, any sentence under this
subparagraph 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, impose 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
subparagraph. No person sentenced under this subparagraph shall be
eligible for parole during the term of imprisonment imposed
therein.
(B) In the case of a violation of subsection (a) of this section
involving -
(i) 100 grams or more of a mixture or substance containing a
detectable amount of heroin;
(ii) 500 grams or more of a mixture or substance containing a
detectable amount of -
(I) coca leaves, except coca leaves and extracts of coca
leaves from which cocaine, ecgonine, and derivatives of
ecgonine or their salts have been removed;
(II) cocaine, its salts, optical and geometric isomers, and
salts of isomers;
(III) ecgonine, its derivatives, their salts, isomers, and
salts of isomers; or
(IV) any compound, mixture, or preparation which contains any
quantity of any of the substances referred to in subclauses (I)
through (III);
(iii) 5 grams or more of a mixture or substance described in
clause (ii) which contains cocaine base;
(iv) 10 grams or more of phencyclidine (PCP) or 100 grams or
more of a mixture or substance containing a detectable amount of
phencyclidine (PCP);
(v) 1 gram or more of a mixture or substance containing a
detectable amount of lysergic acid diethylamide (LSD);
(vi) 40 grams or more of a mixture or substance containing a
detectable amount of N-phenyl-N- [ 1- ( 2-phenylethyl )
-4-piperidinyl ] propanamide or 10 grams or more of a mixture or
substance containing a detectable amount of any analogue of
N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide;
(vii) 100 kilograms or more of a mixture or substance
containing a detectable amount of marihuana, or 100 or more
marihuana plants regardless of weight; or
(viii) 5 grams or more of methamphetamine, its salts, isomers,
and salts of its isomers or 50 grams or more of a mixture or
substance containing a detectable amount of methamphetamine, its
salts, isomers, or salts of its isomers;
such person shall be sentenced to a term of imprisonment which may
not be less than 5 years and not more than 40 years and if death or
serious bodily injury results from the use of such substance shall
be not less than 20 years or more than life, 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 individual or
$5,000,000 if the defendant is other than an individual, or both.
If any person commits such a violation after a prior conviction for
a felony drug offense has become final, such person shall be
sentenced to a term of imprisonment which may not be less than 10
years and not more than life imprisonment and if death or serious
bodily injury results from the use of such substance shall be
sentenced to life imprisonment, a fine not to exceed the greater of
twice that authorized in accordance with the provisions of title 18
or $4,000,000 if the defendant is an individual or $10,000,000 if
the defendant is other than an individual, or both. Notwithstanding
section 3583 of title 18, any sentence imposed under this
subparagraph shall, in the absence of such a prior conviction,
include a term of supervised release of at least 4 years in
addition to such term of imprisonment and shall, if there was such
a prior conviction, include a term of supervised release of at
least 8 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 subparagraph. No person sentenced under this
subparagraph shall be eligible for parole during the term of
imprisonment imposed therein.
(C) In the case of a controlled substance in schedule I or II,
gamma hydroxybutyric acid (including when scheduled as an approved
drug product for purposes of section 3(a)(1)(B) of the Hillory J.
Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000),
or 1 gram of flunitrazepam, except as provided in subparagraphs
(A), (B), and (D), such person shall be sentenced to a term of
imprisonment of not more than 20 years 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 twenty years
or more than life, a fine not to exceed the greater of that
authorized in accordance with the provisions of title 18 or
$1,000,000 if the defendant is an individual or $5,000,000 if the
defendant is other than an individual, or both. If any person
commits such a violation after a prior conviction for a felony drug
offense has become final, such person shall be sentenced to a term
of imprisonment of not more than 30 years and if death or serious
bodily injury results from the use of such substance shall be
sentenced to life imprisonment, a fine not to exceed the greater of
twice that authorized in accordance with the provisions of title 18
or $2,000,000 if the defendant is an individual or $10,000,000 if
the defendant is other than an individual, or both. Notwithstanding
section 3583 of title 18, any sentence imposing a term of
imprisonment under this paragraph shall, in the absence of such a
prior conviction, impose a term of supervised release of at least 3
years in addition to such term of imprisonment and shall, if there
was such a prior conviction, impose a term of supervised release of
at least 6 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 the provisions of this subparagraph which provide for a
mandatory term of imprisonment if death or serious bodily injury
results, nor shall a person so sentenced be eligible for parole
during the term of such a sentence.
(D) In the case of less than 50 kilograms of marihuana, except in
the case of 50 or more marihuana plants regardless of weight, 10
kilograms of hashish, or one kilogram of hashish oil or in the case
of any controlled substance in schedule III (other than gamma
hydroxybutyric acid), or 30 milligrams of flunitrazepam, such
person shall, except as provided in paragraphs (4) and (5) of this
subsection, be sentenced to a term of imprisonment of not more than
5 years, a fine not to exceed the greater of that authorized in
accordance with the provisions of title 18 or $250,000 if the
defendant is an individual or $1,000,000 if the defendant is other
than an individual, or both. If any person commits such a violation
after a prior conviction for a felony drug offense has become
final, such person shall be sentenced to a term of imprisonment of
not more than 10 years, a fine not to exceed the greater of twice
that authorized in accordance with the provisions of title 18 or
$500,000 if the defendant is an individual or $2,000,000 if the
defendant is other than an individual, or both. Notwithstanding
section 3583 of title 18, any sentence imposing a term of
imprisonment under this paragraph shall, in the absence of such a
prior conviction, impose a term of supervised release of at least 2
years in addition to such term of imprisonment and shall, if there
was such a prior conviction, impose a term of supervised release of
at least 4 years in addition to such term of imprisonment.
(2) In the case of a controlled substance in schedule IV, such
person shall be sentenced to a term of imprisonment of not more
than 3 years, a fine not to exceed the greater of that authorized
in accordance with the provisions of title 18 or $250,000 if the
defendant is an individual or $1,000,000 if the defendant is other
than an individual, or both. If any person commits such a violation
after one or more prior convictions of him for an offense
punishable under this paragraph, or for a felony under any other
provision of this subchapter or subchapter II of this chapter or
other law of a State, the United States, or a foreign country
relating to narcotic drugs, marihuana, or depressant or stimulant
substances, have become final, such person shall be sentenced to a
term of imprisonment of not more than 6 years, a fine not to exceed
the greater of twice that authorized in accordance with the
provisions of title 18 or $500,000 if the defendant is an
individual or $2,000,000 if the defendant is other than an
individual, or both. Any sentence imposing a term of imprisonment
under this paragraph shall, in the absence of such a prior
conviction, impose a term of supervised release of at least one
year in addition to such term of imprisonment and shall, if there
was such a prior conviction, impose a term of supervised release of
at least 2 years in addition to such term of imprisonment.
(3) In the case of a controlled substance in schedule V, such
person shall be sentenced to a term of imprisonment of not more
than one year, a fine not to exceed the greater of that authorized
in accordance with the provisions of title 18 or $100,000 if the
defendant is an individual or $250,000 if the defendant is other
than an individual, or both. If any person commits such a violation
after one or more convictions of him for an offense punishable
under this paragraph, or for a crime under any other provision of
this subchapter or subchapter II of this chapter or other law of a
State, the United States, or a foreign country relating to narcotic
drugs, marihuana, or depressant or stimulant substances, have
become final, such person shall be sentenced to a term of
imprisonment of not more than 2 years, a fine not to exceed the
greater of twice that authorized in accordance with the provisions
of title 18 or $200,000 if the defendant is an individual or
$500,000 if the defendant is other than an individual, or both.
(4) Notwithstanding paragraph (1)(D) of this subsection, any
person who violates subsection (a) of this section by distributing
a small amount of marihuana for no remuneration shall be treated as
provided in section 844 of this title and section 3607 of title 18.
(5) Any person who violates subsection (a) of this section by
cultivating a controlled substance on Federal property shall be
imprisoned as provided in this subsection and shall be fined any
amount not to exceed -
(A) the amount authorized in accordance with this section;
(B) the amount authorized in accordance with the provisions of
title 18;
(C) $500,000 if the defendant is an individual; or
(D) $1,000,000 if the defendant is other than an individual;
or both.
(6) Any person who violates subsection (a) of this section, or
attempts to do so, and knowingly or intentionally uses a poison,
chemical, or other hazardous substance on Federal land, and, by
such use -
(A) creates a serious hazard to humans, wildlife, or domestic
animals,
(B) degrades or harms the environment or natural resources, or
(C) pollutes an aquifer, spring, stream, river, or body of
water,
shall be fined in accordance with title 18 or imprisoned not more
than five years, or both.
(7) Penalties for distribution. -
(A) In general. - Whoever, with intent to commit a crime of
violence, as defined in section 16 of title 18 (including rape),
against an individual, violates subsection (a) of this section by
distributing a controlled substance or controlled substance
analogue to that individual without that individual's knowledge,
shall be imprisoned not more than 20 years and fined in
accordance with title 18.
(B) Definition. - For purposes of this paragraph, the term
"without that individual's knowledge" means that the individual
is unaware that a substance with the ability to alter that
individual's ability to appraise conduct or to decline
participation in or communicate unwillingness to participate in
conduct is administered to the individual.
(c) Offenses involving listed chemicals
Any person who knowingly or intentionally -
(1) possesses a listed chemical with intent to manufacture a
controlled substance except as authorized by this subchapter;
(2) possesses or distributes a listed chemical knowing, or
having reasonable cause to believe, that the listed chemical will
be used to manufacture a controlled substance except as
authorized by this subchapter; or
(3) with the intent of causing the evasion of the recordkeeping
or reporting requirements of section 830 of this title, or the
regulations issued under that section, receives or distributes a
reportable amount of any listed chemical in units small enough so
that the making of records or filing of reports under that
section is not required;
shall be fined in accordance with title 18 or imprisoned not more
than 20 years in the case of a violation of paragraph (1) or (2)
involving a list I chemical or not more than 10 years in the case
of a violation of this subsection other than a violation of
paragraph (1) or (2) involving a list I chemical, or both.
(d) Boobytraps on Federal property; penalties; "boobytrap" defined
(1) Any person who assembles, maintains, places, or causes to be
placed a boobytrap on Federal property where a controlled substance
is being manufactured, distributed, or dispensed shall be sentenced
to a term of imprisonment for not more than 10 years or fined under
title 18, or both.
(2) If any person commits such a violation after 1 or more prior
convictions for an offense punishable under this subsection, such
person shall be sentenced to a term of imprisonment of not more
than 20 years or fined under title 18, or both.
(3) For the purposes of this subsection, the term "boobytrap"
means any concealed or camouflaged device designed to cause bodily
injury when triggered by any action of any unsuspecting person
making contact with the device. Such term includes guns,
ammunition, or explosive devices attached to trip wires or other
triggering mechanisms, sharpened stakes, and lines or wires with
hooks attached.
(e) Ten-year injunction as additional penalty
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) Wrongful distribution or possession of listed chemicals
(1) Whoever knowingly distributes a listed chemical in violation
of this subchapter (other than in violation of a recordkeeping or
reporting requirement of section 830 of this title) shall be fined
under title 18 or imprisoned not more than 5 years, or both.
(2) Whoever possesses any listed chemical, with knowledge that
the recordkeeping or reporting requirements of section 830 of this
title have not been adhered to, if, after such knowledge is
acquired, such person does not take immediate steps to remedy the
violation shall be fined under title 18 or imprisoned not more than
one year, or both.
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