CITE       21 USC Sec. 843                                              01/24/94
EXPCITE    TITLE 21 - FOOD AND DRUGS
           CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
           SUBCHAPTER I - CONTROL AND ENFORCEMENT
           Part D - Offenses and Penalties
HEAD       Sec. 843. Prohibited acts C
STATUTE    (a) Unlawful acts
             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 section 828 of this title;
               (2) to use in the course of the manufacture, distribution, or
             dispensing of a controlled substance, or to use for the purpose
             of acquiring or obtaining a controlled substance, a registration
             number which is fictitious, revoked, suspended, expired, or
             issued to another person;
               (3) to acquire or obtain possession of a controlled substance
             by misrepresentation, fraud, forgery, deception, or subterfuge;
               (4)(A) 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 subchapter or subchapter II of this chapter, or (B) to
             present false or fraudulent identification where the person is
             receiving or purchasing a listed chemical and the person is
             required to present identification under section 830(a) of this
             title;
               (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;
               (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 subchapter or subchapter II of this chapter;
               (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
             subchapter or subchapter II of this chapter or, in the case of an
             exportation, in violation of this subchapter or subchapter II of
             this chapter or of the laws of the country to which it is
             exported;
               (8) to create a chemical mixture for the purpose of evading a
             requirement of section 830 of this title or to receive a chemical
             mixture created for that purpose; or
               (9) to distribute, import, or export a list I chemical without
             the registration required by this subchapter or subchapter II of
             this chapter.
           (b) Communication facility
             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 subchapter or subchapter II of
           this chapter.  Each separate use of a communication facility shall
           be a separate offense under this subsection.  For purposes of this
           subsection, the term ''communication 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) Penalties
             Any person who violates this section shall be sentenced to a 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
           subchapter or subchapter II of this chapter or other law of the
           United States relating to narcotic drugs, marihuana, or depressant
           or stimulant substances, have become final, 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.
           (d) Additional penalties
             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.
SOURCE     (Pub. L. 91-513, title II, Sec. 403, Oct. 27, 1970, 84 Stat. 1263;
           Pub. L. 95-633, title II, Sec. 202(b)(3), Nov. 10, 1978, 92 Stat.
           3776; Pub. L. 98-473, title II, Sec. 516, Oct. 12, 1984, 98 Stat.
           2074; Pub. L. 99-570, title I, Sec. 1866(a), Oct. 27, 1986, 100
           Stat. 3207-54; Pub. L. 100-690, title VI, Sec. 6057, Nov. 18, 1988,
           102 Stat. 4319; Pub. L. 103-200, Sec. 3(g), Dec. 17, 1993, 107
           Stat. 2337.)
REFTEXT                             REFERENCES IN TEXT
             Schedules I and II, referred to in subsec. (a)(1), are set out in
           section 812(c) of this title.
MISC2                                   AMENDMENTS
             1993 - Subsec. (a)(6), (7). Pub. L. 103-200, Sec. 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''.
             Subsec. (a)(9). Pub. L. 103-200, Sec. 3(g)(2), (3), added par.
           (9).
             1988 - Subsec. (a)(4)(B). Pub. L. 100-690, Sec. 6057(a)(1),
           substituted ''a listed chemical'' for ''piperidine''.
             Subsec. (a)(6) to (8). Pub. L. 100-690, Sec. 6057(a)(2)-(4),
           added pars. (6) to (8).
             Subsec. (d). Pub. L. 100-690, Sec. 6057(b), added subsec. (d).
             1986 - Subsec. (a)(2). Pub. L. 99-570 substituted a semicolon for
           the period at end.
             1984 - Subsec. (a)(2). Pub. L. 98-473 added applicability to
           dispensing, acquiring, or obtaining a controlled substance, and
           applicability to an expired number.
             1978 - Subsec. (a)(4). Pub. L. 95-633, Sec. 202(b)(3), designated
           existing provisions as subpar. (A) and added subpar. (B).
                             EFFECTIVE DATE OF 1993 AMENDMENT
             Amendment by Pub. L. 103-200 effective on date that is 120 days
           after Dec. 17, 1993, see section 11 of Pub. L. 103-200, set out as
           a note under section 802 of this title.
                             EFFECTIVE DATE OF 1988 AMENDMENT
             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.
                             EFFECTIVE DATE OF 1978 AMENDMENT
             Amendment by Pub. L. 95-633 effective Nov. 10, 1978, except as
           otherwise provided, see section 203(a) of Pub. L. 95-633, set out
           as an Effective Date note under section 830 of this title.
                                         REPEALS
             Pub. L. 96-359, Sec. 8(b), Sept. 26, 1980, 94 Stat. 1194,
           repealed section 203(d) of Pub. L. 95-633, which had provided for
           the repeal of subsec. (a)(4)(B) of this section effective Jan. 1,
           1981.
 

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