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U.S. Code as of:
01/19/04
Section 960. Prohibited acts A
(a) Unlawful acts
Any person who -
(1) contrary to section 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 controlled substance, or
(3) contrary to section 959 of this title, manufactures,
possesses with intent to distribute, or distributes a controlled
substance,
shall be punished as provided in subsection (b) of this section.
(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 substance containing a
detectable amount of heroin;
(B) 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 or 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 clauses (i)
through (iii);
(C) 50 grams or more of a mixture or substance 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 substance containing a
detectable amount of lysergic 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 mixture 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 methamphetamine, 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 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 of not 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. 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,
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 paragraph. No
person sentenced under this paragraph 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 substance containing a
detectable amount of heroin;
(B) 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 or 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 clauses (i)
through (iii);
(C) 5 grams or more of a mixture or substance 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);
(F) 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;
(G) 100 kilograms or more of a mixture or substance containing
a detectable amount of marihuana; or
(H) 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.(!2)
the person committing such violat ion shall be sentenced to a term
of imprisonment of not 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 sentenced to a term of imprisonment of not less
than twenty years and not 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 of not 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 paragraph
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 paragraph. No
person sentenced under this paragraph shall be eligible for parole
during the term of imprisonment imposed therein.
(3) In the case of a violation under subsection (a) of this
section involving 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
flunitrazepam, the person committing such violation shall, except
as provided in paragraphs (1), (2), and (4), 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
and not 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 the prior sentence, and 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
paragraph 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.
(4) In the case of a violation under subsection (a) of this
section with respect to less than 50 kilograms of marihuana, except
in the case of 100 or more marihuana plants regardless of weight,
less than 10 kilograms of hashish, less than one kilogram of
hashish oil, or any quantity of a controlled substance in schedule
III, IV, or V,(!3) (except a violation involving flunitrazepam and
except a violation involving gamma hydroxybutyric acid) the person
committing such violation shall be imprisoned not more than five
years, or be fined 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 a sentence under this paragraph
provides for imprisonment, the sentence shall, notwithstanding
section 3583 of title 18, in addition to such term of imprisonment,
include (A) a term of supervised release of not less than two years
if such controlled substance is in schedule I, II, III, or (B) a
term of supervised release of not less than one year if such
controlled substance is in schedule IV.
(c) Repealed. Pub. L. 98-473, title II, Sec. 225, formerly Sec.
225(a), Oct. 12, 1984, 98 Stat. 2030, as amended by Pub. L.
99-570, title I, Sec. 1005(c), Oct. 27, 1986, 100 Stat. 3207-6
(d) Penalty for importation or exportation
A person who knowingly or intentionally -
(1) imports or exports a listed chemical with intent to
manufacture a controlled substance in violation of this
subchapter or subchapter I of this chapter;
(2) exports a listed chemical in violation of the laws of the
country to which the chemical is exported or serves as a broker
or trader for an international transaction involving a listed
chemical, if the transaction is in violation of the laws of the
country to which the chemical is exported;
(3) imports or exports a listed chemical knowing, or having
reasonable cause to believe, that the chemical will be used to
manufacture a controlled substance in violation of this
subchapter or subchapter I of this chapter;
(4) exports a listed chemical, or serves as a broker or trader
for an international transaction involving a listed chemical,
knowing, or having reasonable cause to believe, that the chemical
will be used to manufacture a controlled substance in violation
of the laws of the country to which the chemical is exported;
(5) imports or exports a listed chemical, with the intent to
evade the reporting or recordkeeping requirements of section 971
of this title applicable to such importation or exportation by
falsely representing to the Attorney General that the importation
or exportation qualifies for a waiver of the 15-day notification
requirement granted pursuant to section 971(e)(2) or (3) of this
title by misrepresenting the actual country of final destination
of the listed chemical or the actual listed chemical being
imported or exported;
(6) imports or exports a listed chemical in violation of
section 957 or 971 of this title; or
(7) manufactures, possesses with intent to distribute, or
distributes a listed chemical in violation of section 959 of this
title.(!4)
shall be fined in accordance with title 18, imprisoned not more
than 20 years in the case of a violation of paragraph (1) or (3)
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 (3) involving a list I chemical, or both.
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