§ 842. Prohibited acts B

Footnotes

1. 1 So in original. Probably should be “section 830(a)(3) of this title;”.
2. 2 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1970

   Controlled Substances Act

   Pub. L. 91–513 title II § 402 · 84 Stat. 1236

   Enacted · 21 U.S.C. § 842

   Pub. L. 91–513, title II, § 402, Oct. 27, 1970, 84 Stat. 1262

   Source evidence

   Code source credit
   Pub. L. 91–513, title II, § 402, Oct. 27, 1970, 84 Stat. 1262

   Enacted provision · exact public law section
   Sec. 402. prohibited acts—penalties (a) It shall be unlawful for any person— (1) who is subject to the requirements of part C to distribute or dispense a controlled substance in violation of section 309; (2) who is a registrant to distribute or dispense a controlled substance not authorized by his registration to another registrant, or other authorized person or to manufacture a controlled substance not authorized by his registration; (3) who is a registrant to distribute a controlled substance in violation of section 305 of this title; (4) to remove, alter, or obliterate a symbol or label required by section 305 of this title: (5) to refuse or fail to make, keep, or furnish any record, report, notification, declaration, order or order form, statement, Post, p. 1285 invoice, or information required under this title or title III; (6) to refuse any entry into any premises or inspection authorized by this title or title III; (7) to remove, break, injure, or deface a seal placed upon controlled Ante, p. 1256 Post, p. 1276 substances pursuant to section 304(f) or 511 or to remove or dispose of substances so placed under seal; or (8) to use, to his own advantage, or to reveal, other than to duly authorized officers or employees of the United States, or to the courts when relevant in any judicial proceeding under this title or title III, any information acquired in the course of an inspection authorized by this title concerning any method or process which as a trade secret is entitled to protection. (b) It shall be unlawful for any person who is a registrant to manufacture a controlled substance in schedule I or II which is— (1) not expressly authorized by his registration and by a quota assigned to him pursuant to section 306; or (2) in excess of a quota assigned to him pursuant to section 306. (c) (1) Except as provided in paragraph (2), any person who violates this section shall, with respect to any such violation, be subject Jurisdiction. to a civil penalty of not more than $25,000. The district courts of the United States (or, where there is no such court in the ease of any territory or possession of the United States, then the court in such territory or possession having the jurisdiction of a district court of the United States in cases arising under the Constitution and laws of the United States) shall have jurisdiction in accordance with section 1355 62 Stat. 934. of title 28 of the United States Code to enforce this paragraph. (2) (A) If a violation of this section is prosecuted by an information or indictment which alleges that the violation was committed knowingly and the trier of fact specifically finds that the violation was so committed, such person shall, except as otherwise provided in subparagraph (B) of this paragraph, be sentenced to imprisonment of Penalty. not more than one year or a fine of not more than $25,000, or both. (B) If a violation referred to in subparagraph (A) was committed after one or more prior convictions of the offender for an offense punishable under this paragraph (2), or for a crime under any other provision of this title or title III or other law of the United States Post, p. 1285. relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term Penalty. of imprisonment of not more than 2 years, a fine of $50,000, or both. (3) Except under the conditions specified in paragraph (2) of Exception. 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 disadvantage based on conviction for a criminal offense.

2. 1978

   Psychotropic Substances Act of 1978

   Pub. L. 95–633 § 202(b)(1) · 92 Stat. 3768

   Added · 21 U.S.C. § 842(a)(9)

   Pub. L. 95–633, § 202(b)(1), added par. (9)

   Source evidence

   Code amendment note
   Subsec. (a)(9). Pub. L. 95–633, § 202(b)(1), added par. (9).

   Enacted provision · exact public law section
   (1) Section 402 (a) of such Act (21 U.S.C. 842(a)) is amended— (A) by striking out “or” at the end of paragraph (7); (B) by striking out the period at the end of paragraph (8) and inserting in lieu thereof “; or”; and (C) by adding after paragraph (8) the following new paragraph: “(9) to distribute or sell piperidine in violation of regulations Ante, p. 3775. established under section 310(a)(2), respecting presentation of identification.”.

3. 1978

   Psychotropic Substances Act of 1978

   Pub. L. 95–633 § 202(b)(2) · 92 Stat. 3768

   Added · 21 U.S.C. § 842(c)(2)(C)

   Pub. L. 95–633, § 202(b)(2), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (c)(2)(C). Pub. L. 95–633, § 202(b)(2), added subpar. (C).

   Enacted provision · exact public law section
   (2) Section 402(c)(2) of such Act (21 U.S.C. 842(c)(2)) is amended by adding after subparagraph (B) the following new subparagraph: “(C) Subparagraphs (A) and (B) shall not apply to a violation of subsection (a)(5) with respect to a refusal or failure to make a report required under section 310(a) (relating to piperidine reporting)”.

4. 1988

   Chemical Diversion and Trafficking Act of 1988

   Pub. L. 100–690 § 6056(a) · 102 Stat. 4181

   Inserted · 21 U.S.C. § 842(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 information that is confidential under such section” after “protection”

   Source evidence

   Code amendment note
   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 information that is confidential under such section” after “protection”.

   Enacted provision · exact public law section
   (a) Confidential Information Amendment.— Section 402(a)(8) of the Controlled Substances Act (21 U.S.C. 842(a)(8)) is amended by inserting after “protection” the following: “, or to use to his own advantage or reveal (other than as authorized by section 310) any information that is confidential under such section”.

5. 1988

   Chemical Diversion and Trafficking Act of 1988

   Pub. L. 100–690 § 6056(b) · 102 Stat. 4181

   Amended · 21 U.S.C. § 842(a)(9)

   Pub. L. 100–690, § 6056(b), amended par. (9) generally. Prior to amendment, par. (9) read as follows: “to distribute or sell piperidine in violation of regulations established under section 830(a)(2) of this title, respecting presentation of identification.”

   Source evidence

   Code amendment note
   Subsec. (a)(9). Pub. L. 100–690, § 6056(b), amended par. (9) generally. Prior to amendment, par. (9) read as follows: “to distribute or sell piperidine in violation of regulations established under section 830(a)(2) of this title, respecting presentation of identification.”

   Enacted provision · exact public law section
   (b) Identification Amendment.— Section 402(a)(9) of the Controlled Substances Act (21 U.S.C. 842(a)(9)) is amended to read as follows: “(9) who is a regulated person to engage in a regulated transaction without obtaining the identification required by 310(a)(3).”.

6. 1988

   Chemical Diversion and Trafficking Act of 1988

   Pub. L. 100–690 § 6056(d) · 102 Stat. 4181

   Added · 21 U.S.C. § 842(a)(10)

   Pub. L. 100–690, § 6056(d), added par. (10)

   Source evidence

   Code amendment note
   Subsec. (a)(10). Pub. L. 100–690, § 6056(d), added par. (10).

   Enacted provision · exact public law section
   (d) Records Violations.— Section 402(a) of the Controlled Substances Act (21 U.S.C. 842(a)) is amended— (1) in paragraph (8), as amended by subsection (a) of this section, by striking out “or” at the end of the paragraph; (2) in paragraph (9), as amended by subsection (b) of this section, by striking out the period at the end of the paragraph and inserting in lieu thereof “; or”; and (3) by adding at the end the following new paragraph: “(10) to fail to keep a record or make a report under section 310.”.

7. 1988

   Chemical Diversion and Trafficking Act of 1988

   Pub. L. 100–690 § 6056(c) · 102 Stat. 4181

   Struck · 21 U.S.C. § 842(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).”

   Source evidence

   Code amendment note
   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).”

   Enacted provision · exact public law section
   (c) Technical Amendment.— Section 402(c)(2) of the Controlled Substances Act (21 U.S.C. 842(c)(2)) is amended by striking out subparagraph (C).

8. 1996

   Comprehensive Methamphetamine Control Act of 1996

   Pub. L. 104–237 § 205(a) · 110 Stat. 3099

   Added · 21 U.S.C. § 842(a)

   Pub. L. 104–237, § 205(a), added par. (11) and closing provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–237, § 205(a), added par. (11) and closing provisions.

   Enacted provision · exact public law section
   (a) Offenses.— Section 402(a) of the Controlled Substances Act (21 U.S.C. 842(a)) is amended— (1) in paragraph (9), by striking “or” after the semicolon; (2) in paragraph (10), by striking the period and inserting “; or”; and (3) by adding at the end the following: “(11) to distribute a laboratory supply to a person who uses, or attempts to use, that laboratory supply to manufacture a controlled substance or a listed chemical, in violation of this title or title III, with reckless disregard for the illegal uses to which such a laboratory supply will be put. As used in paragraph (11), the term ‘laboratory supply’ means a listed chemical or any chemical, 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 controlled substances and listed chemicals. For purposes of paragraph (11), there is a rebuttable presumption of reckless disregard at trial if the Attorney 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 controlled substances or listed chemicals a firm distributes and 2 weeks or more after the notification the notified firm distributes a laboratory supply to the customer.”.

9. 1996

   Comprehensive Methamphetamine Control Act of 1996

   Pub. L. 104–237 § 205(b) · 110 Stat. 3099

   Added · 21 U.S.C. § 842(c)(2)(C)

   Pub. L. 104–237, § 205(b), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (c)(2)(C). Pub. L. 104–237, § 205(b), added subpar. (C).

   Enacted provision · exact public law section
   (b) Civil Penalty.— Section 402(c)(2) of the Controlled Substances Act (21 U.S.C. 842(c)(2)) is amended by adding at the end the following: “(C) In addition to the penalties set forth elsewhere in this title or title III, any business that violates paragraph (11) of subsection (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.”.

10. 1998

    Pub. L. 105–277 § 101(b)(tI)(s117)(1) · 112 Stat. 2681

    Inserted · 21 U.S.C. § 842(a)(5)

    Pub. L. 105–277, § 101(b) [title I, § 117(1)], inserted “negligently” before “fail”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 105–277, § 101(b) [title I, § 117(1)], inserted “negligently” before “fail”.

    Enacted provision · exact public law section
    Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

11. 1998

    Pub. L. 105–277 § 101(b)(tI)(s117)(2) · 112 Stat. 2681

    Inserted · 21 U.S.C. § 842(a)(10)

    Pub. L. 105–277, § 101(b) [title I, § 117(2)], inserted “negligently” before “to fail”

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 105–277, § 101(b) [title I, § 117(2)], inserted “negligently” before “to fail”.

    Enacted provision · exact public law section
    Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

12. 1998

    Pub. L. 105–277 § 101(b)(tI)(s117)(3) · 112 Stat. 2681

    1. Amended · 21 U.S.C. § 842(c)(1)

       Pub. L. 105–277, § 101(b) [title I, § 117(3)], designated existing provisions as subpar. (A)

    2. Inserted · 21 U.S.C. § 842(c)(1)

       Pub. L. 105–277, § 101(b) [title I, § 117(3)], inserted “subparagraph (B) of this paragraph and” before “paragraph (2)”

    3. Added · 21 U.S.C. § 842(c)(1)

       Pub. L. 105–277, § 101(b) [title I, § 117(3)], added subpar. (B)

    Source evidence

    Code amendment note
    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 “paragraph (2)”, and added subpar. (B).

    Enacted provision · exact public law section
    Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

13. 2002

    Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 § 4002(d)(2)(B)(i) · 116 Stat. 1758

    Substituted · 21 U.S.C. § 842(c)(2)(A)

    Pub. L. 107–273, § 4002(d)(2)(B)(i), substituted “under title 18” for “of not more than $25,000”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 107–273, § 4002(d)(2)(B)(i), substituted “under title 18” for “of not more than $25,000”.

    Enacted provision · exact public law section
    (i) in subparagraph (A), by striking “of not more than $25,000” and inserting “under title 18, United States Code”; and

14. 2002

    Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 § 4002(d)(2)(B)(ii) · 116 Stat. 1758

    Substituted · 21 U.S.C. § 842(c)(2)(B)

    Pub. L. 107–273, § 4002(d)(2)(B)(ii), substituted “under title 18” for “of $50,000”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B). Pub. L. 107–273, § 4002(d)(2)(B)(ii), substituted “under title 18” for “of $50,000”.

    Enacted provision · exact public law section
    (ii) in subparagraph (B), by striking “of $50,000” and inserting “under title 18, United States Code”.

15. 2002

    Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 § 4002(b)(16) · 116 Stat. 1758

    Changed · 21 U.S.C. § 842(c)(2)(C)

    Pub. L. 107–273, § 4002(b)(16), realigned margins

    Source evidence

    Code amendment note
    Subsec. (c)(2)(C). Pub. L. 107–273, § 4002(b)(16), realigned margins.

    Enacted provision · exact public law section
    (16) Correction of indentation in controlled substances act.— Section 402(c)(2) of the Controlled Substances Act (21 U.S.C. 842(c)(2)) is amended by moving the margin of subparagraph (C) 2 ems to the left.

16. 2006

    Combat Methamphetamine Epidemic Act of 2005

    Pub. L. 109–177 § 711(f)(1)(A) · 120 Stat. 192

    Added · 21 U.S.C. § 842(a)(12)(14)

    Pub. L. 109–177, § 711(f)(1)(A), added pars. (12) to (14)

    Source evidence

    Code amendment note
    Subsec. (a)(12) to (14). Pub. L. 109–177, § 711(f)(1)(A), added pars. (12) to (14).

    Enacted provision · exact public law section
    (A) In general.— Section 402(a) of the Controlled Substances Act (21 U.S.C. 842(a)) is amended— (i) in paragraph (10), by striking “or” after the semicolon; (ii) in paragraph (11), by striking the period at the end and inserting a semicolon; and (iii) by inserting after paragraph (11) the following paragraphs: “(12) who is a regulated seller, or a distributor required to submit reports under subsection (b)(3) of section 310— “(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 section) that the transaction is a violation; or “(B) to knowingly or recklessly sell at retail 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; or “(14) who is a regulated seller or an employee or agent of such seller to disclose, in violation of regulations under subparagraph (C) of section 310(e)(1), 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 authorities.” .

17. 2006

    Combat Methamphetamine Epidemic Act of 2005

    Pub. L. 109–177 § 714 · 120 Stat. 192

    Inserted · 21 U.S.C. § 842(b)

    Pub. L. 109–177, § 714, inserted “, or ephedrine, 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 provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–177, § 714, inserted “, or ephedrine, 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 provisions.

    Enacted provision · exact public law section
    SEC. 714. PENALTIES; AUTHORITY FOR MANUFACTURING; QUOTA.   Section 402(b) of the Controlled Substances Act (21 U.S.C. 842(b)) is amended by inserting after “manufacture a controlled substance in schedule I or II” the following: “, or ephedrine, pseudoephedrine, or phenylpropanolamine or any of the salts, optical isomers, or salts of optical isomers of such chemical,”.

18. 2006

    Combat Methamphetamine Epidemic Act of 2005

    Pub. L. 109–177 § 711(f)(2) · 120 Stat. 192

    Added · 21 U.S.C. § 842(c)(4)

    Pub. L. 109–177, § 711(f)(2), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 109–177, § 711(f)(2), added par. (4).

    Enacted provision · exact public law section
    (2) Authority to prohibit sales by violators.— Section 402(c) of the Controlled Substances Act (21 U.S.C. 842(c)) is amended by adding at the end the following paragraph: “(4) (A) If a regulated seller, or a distributor required to submit reports under section 310(b)(3), violates paragraph (12) of subsection (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 304(c) for an order to show cause.” .

19. 2010

    Combat Methamphetamine Enhancement Act of 2010

    Pub. L. 111–268 § 4(4) · 124 Stat. 2847

    Inserted · 21 U.S.C. § 842(a)

    Pub. L. 111–268, § 4(4), inserted “For purposes of paragraph (15), if the distributor is temporarily 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 regulated seller or regulated person, provided the distributor confirms within 7 business days of the distribution 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

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–268, § 4(4), inserted “For purposes of paragraph (15), if the distributor is temporarily 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 regulated seller or regulated person, provided the distributor confirms within 7 business days of the distribution 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.

    Enacted provision · exact public law section
    (4) Deadline. by inserting at the end the following: “For purposes of paragraph (15), if the distributor is temporarily unable to access the list of persons referred to under section 310(e)(1)(B)(v), the distributor may rely on a written, faxed, or electronic 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 regulated seller or regulated person is on the list referred to under section 310(e)(1)(B)(v).”.

    Effective date note
    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.

20. 2010

    Combat Methamphetamine Enhancement Act of 2010

    Pub. L. 111–268 § 5 · 124 Stat. 2847

    Inserted · 21 U.S.C. § 842(a)(10)

    Pub. L. 111–268, § 5, inserted “or negligently to fail to self-certify as required under section 830 of this title” before semicolon

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 111–268, § 5, inserted “or negligently to fail to self-certify as required under section 830 of this title” before semicolon.

    Enacted provision · exact public law section
    SEC. 5. NEGLIGENT FAILURE TO SELF-CERTIFY AS REQUIRED.   Section 402(a)(10) of the Controlled Substances Act (21 U.S.C. 842(a)(10)) is amended by inserting before the semicolon the following: “or negligently to fail to self-certify as required under section 310”.

    Effective date note
    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.

21. 2010

    Combat Methamphetamine Enhancement Act of 2010

    Pub. L. 111–268 § 4(1) · 124 Stat. 2847

    Added · 21 U.S.C. § 842(a)(15)

    Pub. L. 111–268, § 4(1)–(3), added par. (15)

    Source evidence

    Code amendment note
    Subsec. (a)(15). Pub. L. 111–268, § 4(1)–(3), added par. (15).

    Enacted provision · exact public law section
    (1) in paragraph (13), by striking “or” after the semicolon;

    Effective date note
    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.

22. 2014

    Designer Anabolic Steroid Control Act of 2014

    Pub. L. 113–260 § 3(c)(1) · 128 Stat. 2929

    Added · 21 U.S.C. § 842(a)(16)

    Pub. L. 113–260, § 3(c)(1), added par. (16)

    Source evidence

    Code amendment note
    Subsec. (a)(16). Pub. L. 113–260, § 3(c)(1), added par. (16).

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) in paragraph (14), by striking “or” at the end; (B) in paragraph (15), by striking the period at the end and inserting “; or”; and (C) by inserting, after paragraph (15), the following: “(16) to violate subsection (e) of section 825 of this title.” ; and

23. 2014

    Designer Anabolic Steroid Control Act of 2014

    Pub. L. 113–260 § 3(c)(2)(A) · 128 Stat. 2929

    Inserted · 21 U.S.C. § 842(c)(1)(A)

    Pub. L. 113–260, § 3(c)(2)(A), inserted “, (C), or (D)” after “subparagraph (B)”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(A). Pub. L. 113–260, § 3(c)(2)(A), inserted “, (C), or (D)” after “subparagraph (B)”.

    Enacted provision · exact public law section
    (A) by inserting, in subparagraph (A), after “subparagraph (B)” the following: “, (C), or (D)”; and

24. 2014

    Designer Anabolic Steroid Control Act of 2014

    Pub. L. 113–260 § 3(c)(2)(B) · 128 Stat. 2929

    Added · 21 U.S.C. § 842(c)(1)(C); 21 U.S.C. § 842(c)(1)(D)

    Pub. L. 113–260, § 3(c)(2)(B), added subpars. (C) and (D)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(C), (D). Pub. L. 113–260, § 3(c)(2)(B), added subpars. (C) and (D).

    Enacted provision · exact public law section
    (B) Definitions. by inserting after subparagraph (B) the following: “(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 subparagraph, a violation is defined as each instance of importation, exportation, manufacturing, distribution, or possession with intent to manufacture or distribute, in violation of paragraph (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 steroid that is distributed, dispensed, or possessed with intent to distribute or dispense at the retail level in violation of such paragraph (16) of subsection (a) shall be considered a separate violation.” .

25. 2018

    Using Data To Prevent Opioid Diversion Act of 2018

    Pub. L. 115–271 § 3273(c)(1) · 132 Stat. 3894

    Added · 21 U.S.C. § 842(a)(17)

    Pub. L. 115–271, § 3273(c)(1), added par. (17)

    Source evidence

    Code amendment note
    Subsec. (a)(17). Pub. L. 115–271, § 3273(c)(1), added par. (17).

    Enacted provision · exact public law section
    (1) in subsection (a)— (A) in paragraph (15), by striking “or” at the end; (B) in paragraph (16), by striking the period at the end and inserting “; or”; and (C) by inserting after paragraph (16) the following: “(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 distributor, made available by the Attorney General in accordance with section 307(f).” ; and

26. 2018

    Using Data To Prevent Opioid Diversion Act of 2018

    Pub. L. 115–271 § 3273(c)(2)(A) · 132 Stat. 3894

    1. Added · 21 U.S.C. § 842(c)(1)(B)

       Pub. L. 115–271, § 3273(c)(2)(A), added subpar. (B)

    2. Struck · 21 U.S.C. § 842(c)(1)(B)

       Pub. L. 115–271, § 3273(c)(2)(A), 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking subparagraph (B) and inserting the following: “(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 exceed $10,000. “(ii) In the case of a violation described in clause (i) committed by a registered manufacturer 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 307(f), the penalty shall not exceed $100,000.” ; and

27. 2018

    Using Data To Prevent Opioid Diversion Act of 2018

    Pub. L. 115–271 § 3273(c)(2)(B)(i) · 132 Stat. 3894

    Inserted · 21 U.S.C. § 842(c)(2)(A)

    Pub. L. 115–271, § 3273(c)(2)(B)(i), inserted “or (D)” after “subparagraph (B)”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 115–271, § 3273(c)(2)(B)(i), inserted “or (D)” after “subparagraph (B)”.

    Enacted provision · exact public law section
    (i) in subparagraph (A), by inserting “or (D)” after “subparagraph (B)”; and

28. 2018

    Using Data To Prevent Opioid Diversion Act of 2018

    Pub. L. 115–271 § 3273(c)(2)(B)(ii) · 132 Stat. 3894

    Added · 21 U.S.C. § 842(c)(2)(D)

    Pub. L. 115–271, § 3273(c)(2)(B)(ii), added subpar. (D)

    Source evidence

    Code amendment note
    Subsec. (c)(2)(D). Pub. L. 115–271, § 3273(c)(2)(B)(ii), added subpar. (D).

    Enacted provision · exact public law section
    (ii) by adding at the end the following: “(D) In the case of a violation described in subparagraph (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 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 307(f), the criminal fine under title 18, United States Code, shall not exceed $500,000.” .

31 of 31 references resolved to an enrolled provision