Title 21 — Food and Drugs
Part D · Chapter 13 — Drug Abuse Prevention and Control
§ 863. Drug paraphernalia
Statutory text
In general
It is unlawful for any person—
to sell or offer for sale drug paraphernalia;
to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or
to import or export drug paraphernalia.
Penalties
Anyone convicted of an offense under subsection (a) of this section shall be imprisoned for not more than three years and fined under title 18.
Seizure and forfeiture
Any drug paraphernalia involved in any violation of subsection (a) of this section shall be subject to seizure and forfeiture upon the conviction of a person for such violation. Any such paraphernalia shall be delivered to the Administrator of General Services, General Services Administration, who may order such paraphernalia destroyed or may authorize its use for law enforcement or educational purposes by Federal, State, or local authorities.
“Drug paraphernalia” defined
The term “drug paraphernalia” means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this subchapter. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana,1 cocaine, hashish, hashish oil, PCP, methamphetamine, or amphetamines into the human body, such as—
metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
water pipes;
carburetion tubes and devices;
smoking and carburetion masks;
roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
miniature spoons with level capacities of one-tenth cubic centimeter or less;
chamber pipes;
carburetor pipes;
electric pipes;
air-driven pipes;
chillums;
bongs;
ice pipes or chillers;
wired cigarette papers; or
cocaine freebase kits.
Matters considered in determination of what constitutes drug paraphernalia
In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:
instructions, oral or written, provided with the item concerning its use;
descriptive materials accompanying the item which explain or depict its use;
national and local advertising concerning its use;
the manner in which the item is displayed for sale;
whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise;
the existence and scope of legitimate uses of the item in the community; and
expert testimony concerning its use.
Exemptions
This section shall not apply to—
any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items; or
any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for use with tobacco products, including any pipe, paper, or accessory.
Footnotes
- 1 So in original. Probably should be “marihuana,”.
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.
Comprehensive Drug Abuse Prevention and Control Act of 1970
Pub. L. 91–513 title II § 422 · 84 Stat. 1236
Enacted · 21 U.S.C. § 863
Pub. L. 91–513, title II, § 422, as added and amended Pub. L. 101–647, title XXIV, § 2401(a)–(c), Nov. 29, 1990, 104 Stat. 4858, 4859
Source evidence
Code source credit
Pub. L. 91–513, title II, § 422, as added and amended Pub. L. 101–647, title XXIV, § 2401(a)–(c), Nov. 29, 1990, 104 Stat. 4858, 4859Crime Control Act of 1990
Pub. L. 101–647 § 2401(c)(1) · 104 Stat. 4789
Substituted · 21 U.S.C. § 863(b)
Pub. L. 101–647, § 2401(c)(1), substituted “fined under title 18” for “fined not more than $100,000”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–647, § 2401(c)(1), substituted “fined under title 18” for “fined not more than $100,000”.Enacted provision · exact public law section
(1) in subsection (b), by striking “not more than $100,000” and inserting “under title 18, United States Code”; andCrime Control Act of 1990
Pub. L. 101–647 § 2401(b) · 104 Stat. 4789
Redesignated · 21 U.S.C. § 863(b)
Pub. L. 101–647, § 2401(b), redesignated subsec. (b) of section 857 of this title as subsec. (b) of this section. See Codification note above
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–647, § 2401(b), redesignated subsec. (b) of section 857 of this title as subsec. (b) of this section. See Codification note above.Enacted provision · exact public law section
(b) Transfer of Remaining Existing Provisions Relating to Drug Paraphernalia.— Subsections (b) through (f) of section 1822 of the Anti-Drug Abuse Act of 1986 (21 U.S.C. 857) are transferred to appear as subsections (b) through (f) of the section 422 added to the Controlled Substances Act by this section.Crime Control Act of 1990
Pub. L. 101–647 § 2401(b) · 104 Stat. 4789
Redesignated · 21 U.S.C. § 863(c)(e)
Pub. L. 101–647, § 2401(b), redesignated subsecs. (c) to (e) of section 857 of this title as subsecs. (c) to (e) of this section. See Codification note above
Source evidence
Code amendment note
Subsecs. (c) to (e). Pub. L. 101–647, § 2401(b), redesignated subsecs. (c) to (e) of section 857 of this title as subsecs. (c) to (e) of this section. See Codification note above.Enacted provision · exact public law section
(b) Transfer of Remaining Existing Provisions Relating to Drug Paraphernalia.— Subsections (b) through (f) of section 1822 of the Anti-Drug Abuse Act of 1986 (21 U.S.C. 857) are transferred to appear as subsections (b) through (f) of the section 422 added to the Controlled Substances Act by this section.Crime Control Act of 1990
Pub. L. 101–647 § 2401(c)(2) · 104 Stat. 4789
Changed · 21 U.S.C. § 863(f)
Pub. L. 101–647, § 2401(c)(2), made technical amendment to reference to “This section” to correct reference to corresponding provision of original act
Source evidence
Code amendment note
Subsec. (f). Pub. L. 101–647, § 2401(c)(2), made technical amendment to reference to “This section” to correct reference to corresponding provision of original act.Enacted provision · exact public law section
(2) in subsection (f), by striking “This subtitle” and inserting “This section”.Crime Control Act of 1990
Pub. L. 101–647 § 2401(b) · 104 Stat. 4789
Redesignated · 21 U.S.C. § 863(f)
Pub. L. 101–647, § 2401(b), redesignated subsec. (f) of section 857 of this title as subsec. (f) of this section. See Codification note above
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 101–647, § 2401(b), redesignated subsec. (f) of section 857 of this title as subsec. (f) of this section. See Codification note above.Enacted provision · exact public law section
(b) Transfer of Remaining Existing Provisions Relating to Drug Paraphernalia.— Subsections (b) through (f) of section 1822 of the Anti-Drug Abuse Act of 1986 (21 U.S.C. 857) are transferred to appear as subsections (b) through (f) of the section 422 added to the Controlled Substances Act by this section.Methamphetamine Anti-Proliferation Act of 2000
Pub. L. 106–310 div. B title XXXVI § 3614 · 114 Stat. 1101
Inserted · 21 U.S.C. § 863(d)
Pub. L. 106–310 inserted “methamphetamine,” after “PCP,” in introductory provisions
Source evidence
Code amendment note
Subsec. (d). Pub. L. 106–310 inserted “methamphetamine,” after “PCP,” in introductory provisions.Enacted provision · exact public law section
SEC. 3614. METHAMPHETAMINE PARAPHERNALIA. Section 422(d) of the Controlled Substances Act (21 U.S.C. 863(d)) is amended in the matter preceding paragraph (11 by inserting “methamphetamine,” after “PCP,”.
6 of 7 references resolved to an enrolled provision · 1 partial
Editorial Notes
Codification
The text of section 857(b) to (f) of this title, which was transferred to subsecs. (b) to (f) of this section by Pub. L. 101–647, § 2401(b), was based on Pub. L. 99–570, title I, § 1822(b)–(f), , 100 Stat. 3207–51; Pub. L. 100–690, title VI, § 6485, , 102 Stat. 4384.
Amendments1990–2000 · 2 rounds
2000
Subsec. (d). Pub. L. 106–310 inserted “methamphetamine,” after “PCP,” in introductory provisions.
1990
Subsec. (b). Pub. L. 101–647, § 2401(c)(1), substituted “fined under title 18” for “fined not more than $100,000”.
Pub. L. 101–647, § 2401(b), redesignated subsec. (b) of section 857 of this title as subsec. (b) of this section. See Codification note above.
Subsecs. (c) to (e). Pub. L. 101–647, § 2401(b), redesignated subsecs. (c) to (e) of section 857 of this title as subsecs. (c) to (e) of this section. See Codification note above.
Subsec. (f). Pub. L. 101–647, § 2401(c)(2), made technical amendment to reference to “This section” to correct reference to corresponding provision of original act.
Pub. L. 101–647, § 2401(b), redesignated subsec. (f) of section 857 of this title as subsec. (f) of this section. See Codification note above.
Credits
1990–2000 · 2 acts
- 1990Pub. L. 91–513, title II, § 422, as added and amended Pub. L. 101–647, title XXIV, § 2401(a)–(c), , 104 Stat. 4858, 4859
- 2000Pub. L. 106–310, div. B, title XXXVI, § 3614, , 114 Stat. 1230.
Show as published
(Pub. L. 91–513, title II, § 422, as added and amended Pub. L. 101–647, title XXIV, § 2401(a)–(c), , 104 Stat. 4858, 4859; Pub. L. 106–310, div. B, title XXXVI, § 3614, , 114 Stat. 1230.)