§ 843. Prohibited acts C

Footnotes

1. 1 So in original. Probably should not be capitalized.
2. 2 See References in Text note below.
3. 3 So in original. Probably should be preceded by “section”.

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 § 403 · 84 Stat. 1236

   Enacted · 21 U.S.C. § 843

   Pub. L. 91–513, title II, § 403, Oct. 27, 1970, 84 Stat. 1263

   Source evidence

   Code source credit
   Pub. L. 91–513, title II, § 403, Oct. 27, 1970, 84 Stat. 1263

   Enacted provision · exact public law section
   Sec. 403. prohibited acts c—penalties (a) It shall be unlawful for any person knowingly or intentionally— (1) who is a registrant to distribute a controlled substance classified in schedule I or II, in the course of his legitimate business, except pursuant to an order or an order form as required by sect ion 308 of this title; Ante, p. 1259. (2) to use in the course of the manufacture or distribution of a controlled substance a registration number which is fictitious, revoked, suspended, or issued to another person; (3) to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge; (4) to furnish false or fraudulent material information in, or omit any material information from, any application, report, record, or other document required to be made, kept, or filed under this title or title III; or (5) to make, distribute, or possess any punch, die, plate, stone, or other thing designed 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. (b) It shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under any provision of this title or title III. Each separate use of a communication facility shall be a separate offense under this subsection. For purposes of this subsection, the term “communication “Communication facility.” facility” means any and all public and private instrumentalities 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) Any person who violates this section shall be sentenced to a Penalty. term of imprisonment of not more than 4 years, a fine of not more than $30,000, or both; except 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 title or title III or other law of the United States relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, Penalty. such person shall be sentenced to a term of imprisonment of not more than 8 years, a fine of not more than $60,000, or both.

2. 1978

   Psychotropic Substances Act of 1978

   Pub. L. 95–633 § 202(b)(3) · 92 Stat. 3768

   1. Amended · 21 U.S.C. § 843(a)(4)

      Pub. L. 95–633, § 202(b)(3), designated existing provisions as subpar. (A)

   2. Added · 21 U.S.C. § 843(a)(4)

      Pub. L. 95–633, § 202(b)(3), added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 95–633, § 202(b)(3), designated existing provisions as subpar. (A) and added subpar. (B).

   Enacted provision · exact public law section
   (3) Section 403(a)(4) of such Act (21 U.S.C. 843(a)(4)) is amended— (A) by inserting “(A)” after “(4)”, and (B) by inserting before or” the following: “, or (B) to present false or fraudulent identification where the person is receiving or purchasing piperidine and the person is required to present identification under section 310(a)”.

3. 1984

   Pub. L. 98–473 title II § 516 · 98 Stat. 1837

   Added · 21 U.S.C. § 843(a)(2)

   Pub. L. 98–473 added applicability to dispensing, acquiring, or obtaining a controlled substance, and applicability to an expired number

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 98–473 added applicability to dispensing, acquiring, or obtaining a controlled substance, and applicability to an expired number.

   Enacted provision · exact public law section
   Sec. 516. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not authorized before the date of enactment of this Act by Congress.

4. 1986

   Anti-Drug Abuse Act of 1986

   Pub. L. 99–570 title I § 1866(a) · 100 Stat. 3207

   Substituted · 21 U.S.C. § 843(a)(2)

   Pub. L. 99–570 substituted a semicolon for the period at end

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 99–570 substituted a semicolon for the period at end.

   Enacted provision · exact public law section
   (a) Section 403(a)(2) of the Controlled Substances Act (21 U.S.C. 843(a)(2)) is amended by striking out the period at the end and inserting a semicolon in lieu thereof.

5. 1988

   Chemical Diversion and Trafficking Act of 1988

   Pub. L. 100–690 § 6057(a)(1) · 102 Stat. 4181

   Substituted · 21 U.S.C. § 843(a)(4)(B)

   Pub. L. 100–690, § 6057(a)(1), substituted “a listed chemical” for “piperidine”

   Source evidence

   Code amendment note
   Subsec. (a)(4)(B). Pub. L. 100–690, § 6057(a)(1), substituted “a listed chemical” for “piperidine”.

   Enacted provision · exact public law section
   (1) in paragraph (4)(B), by striking out “piperidine” and inserting in lieu thereof “a listed chemical”;

6. 1988

   Chemical Diversion and Trafficking Act of 1988

   Pub. L. 100–690 § 6057(a)(2) · 102 Stat. 4181

   Added · 21 U.S.C. § 843(a)(6)(8)

   Pub. L. 100–690, § 6057(a)(2)–(4), added pars. (6) to (8)

   Source evidence

   Code amendment note
   Subsec. (a)(6) to (8). Pub. L. 100–690, § 6057(a)(2)–(4), added pars. (6) to (8).

   Enacted provision · exact public law section
   (2) in paragraph (4)(B), by striking out “or” after the semicolon;

7. 1988

   Chemical Diversion and Trafficking Act of 1988

   Pub. L. 100–690 § 6057(b) · 102 Stat. 4181

   Added · 21 U.S.C. § 843(d)

   Pub. L. 100–690, § 6057(b), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 100–690, § 6057(b), added subsec. (d).

   Enacted provision · exact public law section
   (b) Additional Penalty.— Section 403 of the Controlled Substances Act (21 U.S.C. 843), is amended by adding at the end the following new subsection: “(d) In addition to any other applicable penalty, any person convicted of a felony violation of this section relating to the receipt, distribution, or importation of a listed chemical may be enjoined from engaging in any regulated transaction involving a listed chemical for not more than ten years.”.

8. 1993

   Pub. L. 103–200 § 3(g)(1) · 107 Stat. 2333

   Amended · 21 U.S.C. § 843(a)(6); 21 U.S.C. § 843(a)(7)

   Pub. L. 103–200, § 3(g)(1), amended pars. (6) and (7) generally. Prior to amendment, pars. (6) and (7) read as follows:

   Source evidence

   Code amendment note
   Subsec. (a)(6), (7). Pub. L. 103–200, § 3(g)(1), amended pars. (6) and (7) generally. Prior to amendment, pars. (6) and (7) read as follows:

   “(6) to possess any three-neck round-bottom flask, tableting machine, encapsulating machine, gelatin capsule, or equipment specially designed or modified to manufacture a controlled substance, with intent to manufacture a controlled substance except as authorized by this subchapter; “(7) to manufacture, distribute, or import any three-neck round-bottom flask, tableting machine, encapsulating machine, gelatin capsule, or equipment specially designed or modified to manufacture a controlled substance, knowing that it will be used to manufacture a controlled substance except as authorized by this subchapter; or”.

   Enacted provision · exact public law section
   (1) by amending paragraphs (6) and (7) to read as follows: “(6) to possess any three-neck round-bottom flask, tableting machine, encapsulating machine, 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 title or title III; “(7) to manufacture, distribute, export, or import any three-neck round-bottom flask, tableting machine, encapsulating machine, 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 title or title III or, in the case of an exportation, in violation of this title or title III or of the laws of the country to which it is exported;”;

9. 1993

   Pub. L. 103–200 § 3(g)(2) · 107 Stat. 2333

   Added · 21 U.S.C. § 843(a)(9)

   Pub. L. 103–200, § 3(g)(2), (3), added par. (9)

   Source evidence

   Code amendment note
   Subsec. (a)(9). Pub. L. 103–200, § 3(g)(2), (3), added par. (9).

   Enacted provision · exact public law section
   (2) by striking the period at the end of paragraph (8) and inserting “; or”; and

10. 1994

    Violent Crime Control and Law Enforcement Act of 1994

    Pub. L. 103–322 title IX § 90106 · 108 Stat. 1796

    1. Added · 21 U.S.C. § 843(c)(e)

       Pub. L. 103–322 added subsec. (c)

    2. Redesignated · 21 U.S.C. § 843(c)(e)

       Pub. L. 103–322 redesignated former subsecs. (c) and (d) as (d) and (e), respectively

    Source evidence

    Code amendment note
    Subsecs. (c) to (e). Pub. L. 103–322 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

11. 1996

    Comprehensive Methamphetamine Control Act of 1996

    Pub. L. 104–237 § 203(a) · 110 Stat. 3099

    1. Inserted · 21 U.S.C. § 843(d)

       Pub. L. 104–237, § 203(a), inserted par. (1) designation

    2. Substituted · 21 U.S.C. § 843(d)

       Pub. L. 104–237, § 203(a), substituted “Except as provided in paragraph (2), any person” for “Any person”

    3. Added · 21 U.S.C. § 843(d)

       Pub. L. 104–237, § 203(a), added par. (2)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (a) In General.— Section 403(d) of the Controlled Substances Act (21 U.S.C. 843(d)) is amended— (1) by striking “(d) Any person” and inserting “(d)(1) Except as provided in paragraph (2), any person”; and (2) by adding at the end the following: “(2) Any person who, with the intent to manufacture 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 of not more than $30,000, 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 chapter; 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 of not more than $60,000, or both.”.

12. 1996

    Comprehensive Methamphetamine Control Act of 1996

    Pub. L. 104–237 § 206(b)(1) · 110 Stat. 3099

    1. Inserted · 21 U.S.C. § 843(e)

       Pub. L. 104–237, § 206(b)(1), inserted “manufacture, exportation,” after “distribution,”

    2. Struck · 21 U.S.C. § 843(e)

       Pub. L. 104–237, § 206(b)(1), struck out “regulated” after “engaging in any”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–237, § 206(b)(1), inserted “manufacture, exportation,” after “distribution,” and struck out “regulated” after “engaging in any”.

    Enacted provision · exact public law section
    (1) in subsection (e), by— (A) inserting “manufacture, exportation,” after “distribution,”; and (B) striking “regulated”; and

13. 1996

    Comprehensive Methamphetamine Control Act of 1996

    Pub. L. 104–237 § 206(b)(2) · 110 Stat. 3099

    Added · 21 U.S.C. § 843(f)

    Pub. L. 104–237, § 206(b)(2), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 104–237, § 206(b)(2), added subsec. (f).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(f) Injunctions.— (1) In addition to any penalty provided in this section, the Attorney General is authorized to commence a civil action for appropriate declaratory or injunctive relief relating to violations of this section or section 402. “(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 402. “(4) The court shall proceed as soon as practicable to the hearing and determination of such an action. An action under this subsection is governed by the Federal Rules of Civil Procedure except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure.”.

14. 2002

    Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 div. B title IV § 4002(d)(2)(C) · 116 Stat. 1758

    1. Substituted · 21 U.S.C. § 843(d)

       Pub. L. 107–273 substituted “under title 18, or both;” for “of not more than $30,000, or both;” in two places

    2. Substituted · 21 U.S.C. § 843(d)

       Pub. L. 107–273 substituted “under title 18, or both.” for “of not more than $60,000, or both.” in two places

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (C) In section 403.— Section 403(d) of the Controlled Substances Act (21 U.S.C. 843(d)) is amended— (i) by striking “of not more than $30,000” each place that term appears and inserting “under title 18, United States Code”; and

15. 2003

    Illicit Drug Anti-Proliferation Act of 2003

    Pub. L. 108–21 title VI § 608(d) · 117 Stat. 650

    Substituted · 21 U.S.C. § 843(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (d) Declaratory and Injunctive Remedies.— Section 403(f)(1) of the Controlled Substances Act (21 U.S.C. 843(f)(1)) is amended by striking “this section or section 402” and inserting “this section, section 402, or 416”.

16. 2008

    Ryan Haight Online Pharmacy Consumer Protection Act of 2008

    Pub. L. 110–425 § 3(g) · 122 Stat. 4820

    1. Amended · 21 U.S.C. § 843(c)

       Pub. L. 110–425 designated existing provisions as par. (1)

    2. Added · 21 U.S.C. § 843(c)

       Pub. L. 110–425 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 110–425 designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (g) Publication.— Section 403(c) of the Controlled Substances Act (21 U.S.C. 843(c)) is amended by— (1) striking “(c)” and inserting “(c)(1)”; and (2) adding at the end the following: “(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, distribution, or dispensing is not authorized by this title or by the Controlled Substances Import and Export Act. “(B) Examples of activities that violate subparagraph (A) include, but are not limited to, knowingly or intentionally causing the placement on the Internet of an advertisement that refers to or directs prospective buyers to Internet sellers of controlled substances who are not registered with a modification under section 303(f). “(C) Subparagraph (A) does not apply to material that either— “(i) merely advertises the distribution of controlled substances by nonpractitioners to the extent authorized by their registration under this title; 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.” .

    Effective date note
    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.

17. 2022

    Medical Marijuana and Cannabidiol Research Expansion Act

    Pub. L. 117–215 title I § 103(b)(1)(H) · 136 Stat. 2257

    Substituted · 21 U.S.C. § 843(c)(2)(B)

    Pub. L. 117–215 substituted “823(g)” for “823(f)”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B). Pub. L. 117–215 substituted “823(g)” for “823(f)”.

    Enacted provision · exact public law section
    (H) in section 403(c)(2)(B) (21 U.S.C. 843(c)(2)(B)), by striking “303(f)” and inserting “303(g)”; and

22 of 24 references resolved to an enrolled provision · 2 partial