§ 959. Possession, manufacture, or distribution of controlled substance

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 Import and Export Act

   Pub. L. 91–513 title III § 1009 · 84 Stat. 1236

   Enacted · 21 U.S.C. § 959

   Pub. L. 91–513, title III, § 1009, Oct. 27, 1970, 84 Stat. 1289

   Source evidence

   Code source credit
   Pub. L. 91–513, title III, § 1009, Oct. 27, 1970, 84 Stat. 1289

   Enacted provision · exact public law section
   Sec. 1009. manufacture or distribution for purposes of unlawful importation It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or IT— (1) intending that such substance be unlawfully imported into the United States; or (2) knowing that such substance will be unlawfully imported into the United States. This section is intended to reach acts of manufacture or distribution committed outside the territorial jurisdiction of the United States. Any person who violates this section shall be tried in the United States district court at the point of entry where such person enters the United States, or in the United States District Court, for the District of Columbia.

2. 1986

   Customs Enforcement Act of 1986

   Pub. L. 99–570 title III § 3161(a) · 100 Stat. 3207

   1. Amended · 21 U.S.C. § 959

      Pub. L. 99–570 designated first sentence as subsec. (a)

   2. Inserted · 21 U.S.C. § 959

      Pub. L. 99–570 inserted “or into waters within a distance of 12 miles of the coast of the United States” in pars. (1) and (2)

   3. Added · 21 U.S.C. § 959

      Pub. L. 99–570 added subsec. (b)

   4. Amended · 21 U.S.C. § 959

      Pub. L. 99–570 designated last two sentences as subsec. (c)

   Source evidence

   Code amendment note
   Pub. L. 99–570 designated first sentence as subsec. (a) and inserted “or into waters within a distance of 12 miles of the coast of the United States” in pars. (1) and (2), added subsec. (b), and designated last two sentences as subsec. (c).

   Enacted provision · exact public law section
   (a) Amendment to Act.— Section 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 959) is amended— (1) by inserting “possession,” in the heading; (2) by striking out “It shall” and inserting in lieu thereof “(a) It shall”; (3) by striking out “This section” and inserting in lieu thereof “(c) This section”; (4) by inserting “or into waters within a distance of 12 miles of the coast of the United States” after “United States” each place it appears in subsection (a); and (5) by inserting after subsection (a) the following new subsection: “(b) Aircraft and air carriers. It shall be unlawful for any United States citizen on board any aircraft, or any person on board an aircraft owned by a United States citizen or registered in the United States, to— “(1) manufacture or distribute a controlled substance; or “(2) possess a controlled substance with intent to distribute.”.

3. 1996

   Comprehensive Methamphetamine Control Act of 1996

   Pub. L. 104–237 § 102(a) · 110 Stat. 3099

   Inserted · 21 U.S.C. § 959(a)

   Pub. L. 104–237, § 102(a), inserted “or listed chemical” after “schedule I or II” in introductory provisions and “or chemical” after “substance” in pars. (1) and (2)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 104–237, § 102(a), inserted “or listed chemical” after “schedule I or II” in introductory provisions and “or chemical” after “substance” in pars. (1) and (2).

   Enacted provision · exact public law section
   (a) Unlawful Importation.— Section 1009(a) of the Controlled Substances Import and Export Act (21 U.S.C. 959(a)) is amended— (1) in the matter before paragraph (1), by inserting “or listed chemical” after “schedule I or II”; and (2) in paragraphs (1) and (2), by inserting “or chemical” after “substance”.

4. 1996

   Comprehensive Methamphetamine Control Act of 1996

   Pub. L. 104–237 § 102(b) · 110 Stat. 3099

   Inserted · 21 U.S.C. § 959(b)

   Pub. L. 104–237, § 102(b), inserted “or listed chemical” after “controlled substance” in pars. (1) and (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–237, § 102(b), inserted “or listed chemical” after “controlled substance” in pars. (1) and (2).

   Enacted provision · exact public law section
   (b) Unlawful Manufacture or Distribution.— Paragraphs (1) and (2) of section 1009(b) of the Controlled Substances Import and Export Act (21 U.S.C. 959(b)) are amended by inserting “or listed chemical” after “controlled substance”.

5. 1996

   Drug-Induced Rape Prevention and Punishment Act of 1996

   Pub. L. 104–305 § 2(b)(2)(A) · 110 Stat. 3807

   Inserted · 21 U.S.C. § 959(a)

   Pub. L. 104–305 inserted “or flunitrazepam” after “schedule I or II” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–305 inserted “or flunitrazepam” after “schedule I or II” in introductory provisions.

   Enacted provision · exact public law section
   (A) Section 1009(a) of the Controlled Substances Import and Export Act (21 U. S. C. 959(a)) is amended by inserting “or flunitrazepam” after “I or II”.

6. 2016

   Transnational Drug Trafficking Act of 2015

   Pub. L. 114–154 § 2(2) · 130 Stat. 387

   Substituted · 21 U.S.C. § 959(a)

   Pub. L. 114–154, § 2(2), substituted “It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or a listed chemical intending, knowing, or having reasonable cause to believe that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States.” for “It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or listed chemical—

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–154, § 2(2), substituted “It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or a listed chemical intending, knowing, or having reasonable cause to believe that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States.” for “It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or listed chemical—

   “(1) intending that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States; or “(2) knowing that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States.”

   Enacted provision · exact public law section
   (2) in subsection (a), by striking “It shall” and all that follows and inserting the following: “It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or a listed chemical intending, knowing, or having reasonable cause to believe that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States. “(b) It shall be unlawful for any person to manufacture or distribute a listed chemical— “(1) intending or knowing that the listed chemical will be used to manufacture a controlled substance; and “(2) intending, knowing, or having reasonable cause to believe that the controlled substance will be unlawfully imported into the United States.” .

7. 2016

   Transnational Drug Trafficking Act of 2015

   Pub. L. 114–154 § 2 · 130 Stat. 387

   1. Added · 21 U.S.C. § 959(b)(d)

      Pub. L. 114–154 added subsec. (b)

   2. Redesignated · 21 U.S.C. § 959(b)(d)

      Pub. L. 114–154 redesignated former subsecs. (b) and (c) as (c) and (d), respectively

   Source evidence

   Code amendment note
   Subsecs. (b) to (d). Pub. L. 114–154 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

   Enacted provision · exact public law section
   SEC. 2. POSSESSION, MANUFACTURE OR DISTRIBUTION FOR PURPOSES OF UNLAWFUL IMPORTATIONS.   Section 1009 of the Controlled Substances Import and Export Act (21 U.S.C. 959) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) in subsection (a), by striking “It shall” and all that follows and inserting the following: “It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or a listed chemical intending, knowing, or having reasonable cause to believe that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States. “(b) It shall be unlawful for any person to manufacture or distribute a listed chemical— “(1) intending or knowing that the listed chemical will be used to manufacture a controlled substance; and “(2) intending, knowing, or having reasonable cause to believe that the controlled substance will be unlawfully imported into the United States.” .

8. 2017

   National Defense Authorization Act for Fiscal Year 2018

   Pub. L. 115–91 div. A title X § 1012(b) · 131 Stat. 1283

   Struck · 21 U.S.C. § 959(d)

   Pub. L. 115–91 struck out “; venue” after “United States” in heading and “Any person who violates this section shall be tried in the United States district court at the point of entry where such person enters the United States, or in the United States District Court for the District of Columbia.” after “United States.” in text

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 115–91 struck out “; venue” after “United States” in heading and “Any person who violates this section shall be tried in the United States district court at the point of entry where such person enters the United States, or in the United States District Court for the District of Columbia.” after “United States.” in text.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 1009(d) of the Controlled Substances Import and Export Act (21 U.S.C. 959(d)) is amended— (1) in the subsection title, by striking “; Venue”; and (2) by striking “Any person who violates this section shall be tried in the United States district court at the point of entry where such person enters the United States, or in the United States District Court for the District of Columbia.”.

12 of 12 references resolved to an enrolled provision