Title 21 — Food and Drugs
Chapter 13 — Drug Abuse Prevention and Control
§ 961. Prohibited acts B
Statutory text
Any person who violates section 954 of this title or fails to notify the Attorney General of an importation or exportation under section 971 of this title shall be subject to the following penalties:
Except as provided in paragraph (2), any such person shall, with respect to any such violation, be subject to a civil penalty of not more than $25,000. Sections 842(c)(1) and (c)(3) of this title shall apply to any civil penalty assessed under this paragraph.
If such a violation is prosecuted by an information or indictment which alleges that the violation was committed knowingly or intentionally and the trier of fact specifically finds that the violation was so committed, such person shall be sentenced to imprisonment for not more than one year or a fine of not more than $25,000 or both.
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.
Controlled Substances Import and Export Act
Pub. L. 91–513 title III § 1011 · 84 Stat. 1236
Enacted · 21 U.S.C. § 961
Pub. L. 91–513, title III, § 1011, Oct. 27, 1970, 84 Stat. 1290
Source evidence
Code source credit
Pub. L. 91–513, title III, § 1011, Oct. 27, 1970, 84 Stat. 1290Enacted provision · exact public law section
Sec. 1011. prohibited acts b—penalties Any person who violates section 1004 shall be subject to the following penalties: (1) Except as provided in paragraph (2), any such person shall, with respect to any such violation, be subject to a civil penalty Ante, p. 1262. of not more than $25,000. Sections 402 (c)(1) and (c)(3) shall apply to any civil penalty assessed under this paragraph. (2) If such a violation is prosecuted by an information or indictment which alleges that the violation was committed knowingly or intentionally and the trier of fact specifically finds that the violation was so committed, such person shall be sentenced to imprisonment for not more than one year or a fine of not more than $25,000 or both.Chemical Diversion and Trafficking Act of 1988
Pub. L. 100–690 title VI § 6053(d) · 102 Stat. 4181
Inserted · 21 U.S.C. § 961
Pub. L. 100–690 inserted “or fails to notify the Attorney General of an importation or exportation under section 971 of this title”
Source evidence
Code amendment note
Pub. L. 100–690 inserted “or fails to notify the Attorney General of an importation or exportation under section 971 of this title”.Enacted provision · exact public law section
(d) Penalty for Failure to Notify.— Section 1011 of the Controlled Substances Import and Export Act (21 U.S.C. 961) is amended in the matter before paragraph (1) by inserting after “section 1004” the following: “or fails to notify the Attorney General of an importation or exportation under section 1018”.Effective date note
Amendment by Pub. L. 100–690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. L. 100–690, set out as a note under section 802 of this title.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
1988—Pub. L. 100–690 inserted “or fails to notify the Attorney General of an importation or exportation under section 971 of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 Amendment
Amendment by Pub. L. 100–690 effective 120 days after , see section 6061 of Pub. L. 100–690, set out as a note under section 802 of this title.
Effective Date
Section effective on first day of seventh calendar month that begins after , see 1105(a) of Pub. L. 91–513, set out as a under section 951 of this title.
Credits
1970–1988 · 2 acts
- 1970Pub. L. 91–513, title III, § 1011, , 84 Stat. 1290
- 1988Pub. L. 100–690, title VI, § 6053(d), , 102 Stat. 4316.
Show as published
(Pub. L. 91–513, title III, § 1011, , 84 Stat. 1290; Pub. L. 100–690, title VI, § 6053(d), , 102 Stat. 4316.)