Various Federal Law

 

 

 

841.    Prohibited acts A [Caution: See prospective amendment note below.]

(a) Unlawful acts.   Except as authorized by this title, it shall be unlawful for any person knowingly or intentionally--

(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or

(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

(b) Penalties.   Except as otherwise provided in section 409, 418, 419, or 420 [21 USCS 849, 859, 860, or 861], any person who violates subsection (a) of this section shall be sentenced as follows:

(1) (A) In the case of a violation of subsection (a) of this section involving--

(i) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin;

(ii) 5 kilograms or more of a mixture or substance containing a detectable amount of--

(I) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;

(II) cocaine, its salts, optical and geometric isomers, and salts of isomers;

(III) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

(IV) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);

(iii) 50 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;

(iv) 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);

(v) 10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);

(vi) 400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [1-(2-phenylethyl)-4-piperidinyl] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N- [1-(2-phenylethyl)-4-piperidinyl] propanamide;

(vii) 1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana, or 1,000 or more marihuana plants regardless of weight; or

(viii) 50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers;

such person shall be sentenced to a term of imprisonment which may not be less than 10 years or more than life and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment which may not be less than 20 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $8,000,000 if the defendant is an individual or $20,000,000 if the defendant is other than an individual, or both. If any person commits a violation of this subparagraph or of section 409, 418, 419, or 420 [21 USCS 849, 859, 860, or 861] after two or more prior convictions for a felony drug offense have become final, such person shall be sentenced to a mandatory term of life imprisonment without release and fined in accordance with the preceding sentence. Notwithstanding section 3583 of title 18, any sentence under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 10 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subparagraph. No person sentenced under this subparagraph shall be eligible for parole during the term of imprisonment imposed therein.

(B) In the case of a violation of subsection (a) of this section involving--

(i) 100 grams or more of a mixture or substance containing a detectable amount of heroin;

(ii) 500 grams or more of a mixture or substance containing a detectable amount of--

(I) coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed;

(II) cocaine, its salts, optical and geometric isomers, and salts of isomers;

(III) ecgonine, its derivatives, their salts, isomers, and salts of isomers; or

(IV) any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);

(iii) 5 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;

(iv) 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);

(v) 1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);

(vi) 40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N- [1-(2-phenylethyl)-4-piperidinyl] propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N- [1-(2-phenylethyl)-4-piperidinyl] propanamide;

(vii) 100 kilograms or more of a mixture or substance containing a detectable amount of marihuana, or 100 or more marihuana plants regardless of weight; or

(viii) 5 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers;

such person shall be sentenced to a term of imprisonment which may not be less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after  a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment which may not be less than 10 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of title 18, any sentence imposed under this subparagraph shall, in the absence of such a prior conviction, include a term of supervised release of at least 4 years in addition to such term of imprisonment and shall, if there was such a prior conviction, include a term of supervised release of at least 8 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subparagraph. No person sentenced under this subparagraph shall be eligible for parole during the term of imprisonment imposed therein.

(C) In the case of a controlled substance in schedule I or II, gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 1999 [21 USCS 812 note]), or 1 gram of flunitrazepam, except as provided in subparagraphs (A), (B), and (D), such person shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after  a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $2,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of title 18, any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 6 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this subparagraph which provide for a mandatory term of imprisonment if death or serious bodily injury results, nor shall a person so sentenced be eligible for parole during the term of such a sentence.

(D) In the case of less than 50 kilograms of marihuana, except in the case of 50 or more marihuana plants regardless of weight, 10 kilograms of hashish, or one kilogram of hashish oil or in the case of any controlled substance in schedule III (other than gamma hydroxybutyric acid), or 30 milligrams of flunitrazepam, such person shall, except as provided in paragraphs (4) and (5) of this subsection, be sentenced to a term of imprisonment of not more than 5 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after  a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 10 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of title 18, any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 4 years in addition to such term of imprisonment.

(2) In the case of a controlled substance in schedule IV, such person shall be sentenced to a term of imprisonment of not more than 3 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or other law of a State, the United States, or a foreign country 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 6 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least one year in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 2 years in addition to such term of imprisonment.

(3) In the case of a controlled substance in schedule V, such person shall be sentenced to a term of imprisonment of not more than one year, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $100,000 if the defendant is an individual or $250,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more convictions of him for an offense punishable under this paragraph, or for a crime under any other provision of this title or title III or other law of a State, the United States, or a foreign country 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 2 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $200,000 if the defendant is an individual or $500,000 if the defendant is other than an individual, or both.

(4) Notwithstanding paragraph (1)(D) of this subsection, any person who violates subsection (a) of this section by distributing a small amount of marihuana for no remuneration shall be treated as provided in section 404 [21 USCS 844] and section 3607 of title 18, United States Code.

(5) Any person who violates subsection (a) of this section by cultivating or manufacturing a controlled substance on Federal property shall be imprisoned as provided in this subsection and shall be fined any amount not to exceed--

(A) the amount authorized in accordance with this section;

(B) the amount authorized in accordance with the provisions of title 18, United States Code;

(C) $500,000 if the defendant is an individual; or

(D) $1,000,000 if the defendant is other than an individual; or both.

(6) Any person who violates subsection (a), or attempts to do so, and knowingly or intentionally uses a poison, chemical, or other hazardous substance on Federal land, and, by such use--

(A) creates a serious hazard to humans, wildlife, or domestic animals,

(B) degrades or harms the environment or natural resources, or

(C) pollutes an aquifer, spring, stream, river, or body of water,

shall be fined in accordance with title 18, United States Code, or imprisoned not more than five years, or both.

(7) Penalties for distribution.

(A) In general. Whoever, with intent to commit a crime of violence, as defined in section 16 of title 18, United States Code (including rape), against an individual, violates subsection (a) by distributing a controlled substance or controlled substance analogue to that individual without that individual's knowledge, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code.

(B) Definition. For purposes of this paragraph, the term "without that individual's knowledge" means that the individual is unaware that a substance with the ability to alter that individual's ability to appraise conduct or to decline participation in or communicate unwillingness to participate in conduct is administered to the individual.

(c) Offenses involving listed chemicals.   Any person who knowingly or intentionally--

(1) possesses a listed chemical with intent to manufacture a controlled substance except as authorized by this title;

(2) possesses or distributes a listed chemical knowing, or having reasonable cause to believe, that the listed chemical will be used to manufacture a controlled substance except as authorized by this title; or

(3) with the intent of causing the evasion of the recordkeeping or reporting requirements of section 310 [21 USCS 830], or the regulations issued under that section, receives or distributes a reportable amount of any listed chemical in units small enough so that the making of records or filing of reports under that section is not required;

shall be fined in accordance with title 18, United States Code, or imprisoned  not more than 20 years in the case of a violation of paragraph (1) or (2) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (2) involving a list I chemical, or both.

(d) Boobytraps on Federal property; penalties; "boobytrap" defined.  

(1) Any person who assembles, maintains, places, or causes to be placed a boobytrap on Federal property where a controlled substance is being manufactured, distributed, or dispensed shall be sentenced to a term of imprisonment for not more than 10 years or fined under title 18, United States Code, or both.

(2) If any person commits such a violation after 1 or more prior convictions for an offense punishable under this subsection, such person shall be sentenced to a term of imprisonment of not more than 20 years or fined under title 18, United States Code, or both.

(3) For the purposes of this subsection, the term "boobytrap" means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of any unsuspecting person making contact with the device. Such term includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, and lines or wires with hooks attached.

(e) Ten-year injunction as additional penalty.   In addition to any other applicable penalty, any person convicted of a felony violation of this section relating to the receipt, distribution,  manufacture, exportation, or importation of a listed chemical may be enjoined from engaging in any transaction involving a listed chemical for not more than ten years.

(f) Wrongful distribution or possession of listed chemicals.  

(1) Whoever knowingly distributes a listed chemical in violation of this title (other than in violation of a recordkeeping or reporting requirement of section 310 [21 USCS 830]) shall, except to the extent that paragraph (12), (13), or (14) of section 402(a) [21 USCS 842(a)] applies, be fined under title 18, United States Code, or imprisoned not more than 5 years, or both.

(2) Whoever possesses any listed chemical, with knowledge that the recordkeeping or reporting requirements of section 310 [21 USCS 830] have not been adhered to, if, after such knowledge is acquired, such person does not take immediate steps to remedy the violation shall be fined under title 18, United States Code, or imprisoned not more than one year, or both.

(g) Internet sales of date rape drugs.  

(1) Whoever knowingly uses the Internet to distribute a date rape drug to any person, knowing or with reasonable cause to believe that--

(A) the drug would be used in the commission of criminal sexual conduct; or

(B) the person is not an authorized purchaser;

shall be fined under this title or imprisoned not more than 20 years, or both.

(2) As used in this subsection:

(A) The term "date rape drug" means--

(i) gamma hydroxybutyric acid (GHB) or any controlled substance analogue of GHB, including gamma butyrolactone (GBL) or 1,4-butanediol;

(ii) ketamine;

(iii) flunitrazepam; or

(iv) any substance which the Attorney General designates, pursuant to the rulemaking procedures prescribed by section 553 of title 5, United States Code [5 USCS 553], to be used in committing rape or sexual assault.

The Attorney General is authorized to remove any substance from the list of date rape drugs pursuant to the same rulemaking authority.

(B) The term "authorized purchaser" means any of the following persons, provided such person has acquired the controlled substance in accordance with this Act:

(i) A person with a valid prescription that is issued for a legitimate medical purpose in the usual course of professional practice that is based upon a qualifying medical relationship by a practitioner registered by the Attorney General. A "qualifying medical relationship" means a medical relationship that exists when the practitioner has conducted at least 1 medical evaluation with the authorized purchaser in the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other heath professionals. The preceding sentence shall not be construed to imply that 1 medical evaluation demonstrates that a prescription has been issued for a legitimate medical purpose within the usual course of professional practice.

(ii) Any practitioner or other registrant who is otherwise authorized by their registration to dispense, procure, purchase, manufacture, transfer, distribute, import, or export the substance under this Act.

(iii) A person or entity providing documentation that establishes the name, address, and business of the person or entity and which provides a legitimate purpose for using any "date rape drug" for which a prescription is not required.

(3) The Attorney General is authorized to promulgate regulations for record-keeping and reporting by persons handling 1,4-butanediol in order to implement and enforce the provisions of this section. Any record or report required by such regulations shall be considered a record or report required under this Act.

(h) Offenses involving dispensing of controlled substances by means of the Internet [Caution: This subsection takes effect 180 days after enactment of Act Oct. 15, 2008, P. L. 110-425, as provided by 3(j) of such Act, which appears as 21 USCS 802 note.].  

(1) In general. It shall be unlawful for any person to knowingly or intentionally--

(A) deliver, distribute, or dispense a controlled substance by means of the Internet, except as authorized by this title; or

(B) aid or abet (as such terms are used in section 2 of title 18, United States Code) any activity described in subparagraph (A) that is not authorized by this title.

(2) Examples. Examples of activities that violate paragraph (1) include, but are not limited to, knowingly or intentionally--

(A) delivering, distributing, or dispensing a controlled substance by means of the Internet by an online pharmacy that is not validly registered with a modification authorizing such activity as required by section 303(f) [21 USCS 823(f)] (unless exempt from such registration);

(B) writing a prescription for a controlled substance for the purpose of delivery, distribution, or dispensation by means of the Internet in violation of section 309(e) [21 USCS 829(e)];

(C) serving as an agent, intermediary, or other entity that causes the Internet to be used to bring together a buyer and seller to engage in the dispensing of a controlled substance in a manner not authorized by sections 303(f) or 309(e) [21 USCS 823(f) or 829(e)];

(D) offering to fill a prescription for a controlled substance based solely on a consumer's completion of an online medical questionnaire; and

(E) making a material false, fictitious, or fraudulent statement or representation in a notification or declaration under subsection (d) or (e), respectively, of section 311 [21 USCS 831].

(3) Inapplicability.

(A) This subsection does not apply to--

(i) the delivery, distribution, or dispensation of controlled substances by nonpractitioners to the extent authorized by their registration under this title;

(ii) the placement on the Internet of material that merely advocates the use of a controlled substance or includes pricing information without attempting to propose or facilitate an actual transaction involving a controlled substance; or

(iii) except as provided in subparagraph (B), any activity that is limited to--

(I) the provision of a telecommunications service, or of an Internet access service or Internet information location tool (as those terms are defined in section 231 of the Communications Act of 1934 [47 USCS 231]); or

(II) the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 [47 USCS 230(c)] shall not constitute such selection or alteration of the content of the communication.

(B) The exceptions under subclauses (I) and (II) of subparagraph (A)(iii) shall not apply to a person acting in concert with a person who violates paragraph (1).

(4) Knowing or intentional violation. Any person who knowingly or intentionally violates this subsection shall be sentenced in accordance with subsection (b).

 

 

References in text:

Schedules I, II, III, IV, and V, referred to in this section, are contained in 21 USCS 812(c).

"This Act", referred to in this section, is Title II of Act Oct. 27, 1970, P. L. 91-513, popularly known as the Controlled Substances Act, which appears generally as 21 USCS 801 et seq. For full classification of such Act, consult USCS Tables volumes.

"This title", referred to in this section, is Title II of Act Oct. 27, 1970, P. L. 91-513, which appears generally as 21 USCS 801 et seq. For full classification of such Title, consult USCS Tables volumes.

"Title III", referred to in this section, is Title III of Act Oct. 27, 1970, P. L. 91-513, which appears generally as 21 USCS 951 et seq. For full classification of such Title, consult USCS Tables volumes.   

Prospective amendments:

Amendment of subsec. (b), effective April 13, 2009. Act Oct. 15, 2008, P. L. 110-425, 3(e), 122 Stat. 4828 (effective 180 days after enactment, as provided by 3(j) of such Act, which appears as 21 USCS 802 note), provides:

"Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended--

"(1) in paragraph (1)--

"(A) in subparagraph (D), by striking 'or in the case of any controlled substance in schedule III (other than gamma hydroxybutyric acid), or 30 milligrams of flunitrazepam'; and

"(B) by adding at the end the following:  

" `(E)(i) Except as provided in subparagraphs (C) and (D), in the case of any controlled substance in schedule III, such person shall be sentenced to a term of imprisonment of not more than 10 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not more than 15 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $500,000 if the defendant is an individual or $2,500,000 if the defendant is other than an individual, or both.

" `(ii) If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not more than 30 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both.

" `(iii) Any sentence imposing a term of imprisonment under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 4 years in addition to such term of imprisonment.';  

"(2) in paragraph (2)--

"(A) by striking '3 years' and inserting '5 years';

"(B) by striking '6 years' and inserting '10 years';

"(C) by striking 'after one or more prior convictions' and all that follows through 'have become final,' and inserting 'after a prior conviction for a felony drug offense has become final,'; and  

"(3) in paragraph (3)--

"(A) by striking '2 years' and inserting '4 years';

"(B) by striking 'after one or more convictions' and all that follows through 'have become final,' and inserting 'after a prior conviction for a felony drug offense has become final,'; and

"(C) by adding at the end the following 'Any sentence imposing a term of imprisonment under this paragraph may, if there was a prior conviction, impose a term of supervised release of not more than 1 year, in addition to such term of imprisonment.'.".     

Effective date of section:

This section took effect on the first day of the seventh calendar month that began after the day immediately preceding the date of enactment, pursuant to 704(a) of Act Oct. 27, 1970, P. L. 91-513, which appears as 21 USCS 801 note.   

Amendments:

1978. Act Nov. 10, 1978 (effective on enactment, as provided by 203(a) of such Act, which appears as 21 USCS 830 note), in subsec. (b), in para. (1)(B), inserted ", except as provided in paragraphs (4) and (5) of this subsection,", and added para. (5); and added subsec. (d).

1980. Act Sept. 26, 1980, in subsec. (b), in para. (1)(B), substituted "except as provided in paragraphs (4), (5), and (6) of this subsection" for "except as provided in paragraphs (4) and (5) of this subsection", and added para. (6).

1984. Act Oct. 12, 1984, in subsec. (b), in the introductory matter, inserted "or 405A", in para. (1), redesignated subparas. (A) and (B) as subparas. (B) and (C), added new subpara. (A), in subpara. (B) as so redesignated, substituted "except as provided in subparagraphs (A) and (C)", for "which is a narcotic drug", substituted "$125,000" for "$25,000", substituted "of a State, the United States, or a foreign country" for "of the United States", and substituted "$250,000" for "$50,000", in subpara. (C) as so redesignated, substituted "less than 50 kilograms of marihuana, 10 kilograms of hashish, or one kilogram of hashish oil" for "a controlled substance in schedule I or II which is not a narcotic drug" substituted "and (5)" for ", (5), and (6)", substituted "$50,000" for "$15,000", substituted of a State, the United States, or a foreign country" for "of the United States", and substituted "$100,000" for "$30,000", in para. (2), substituted "$25,000" for "$10,000", substituted "of a State, the United States, or a foreign country" for "of the United States", and substituted "$50,000" for "$20,000", in para. (3), substituted "$10,000" for "$5,000", substituted "of a State, the United States, or a foreign country" for "of the United States", and substituted "$20,000" for "$10,000", in para. (4), substituted "(1)(C)" for "(1)(B)", substituted para. (5) for one which read: "Notwithstanding paragraph (1)(B) of this subsection, any person who violates subsection (a) of this section by manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense, except as authorized by this title, phencyclidine (as defined in section 310(c)(2)) shall be sentenced to a term of imprisonment of not more than 10 years, a fine of not more than $25,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under paragraph (1) of this paragraph, 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, such person shall be sentenced to a term of imprisonment of not more than 20 years, a fine of not more than $50,000, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 4 years in addition to such term of imprisonment.", and deleted para. (6), which read: "In the case of a violation of subsection (a) involving a quantity of marihuana exceeding 1,000 pounds, such person shall be sentenced to a term of imprisonment of not more than 15 years, and in addition, may be fined not more than $125,000. If any person commits such a violation after one or more prior convictions of such person for an offense punishable under paragraph (1) of this paragraph, or for a felony under any other provision of this title, title III, 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 30 years, and in addition, may be fined not more than $250,000.".

Such Act further (effective and applicable as provided by 235 of such Act, which appears as 18 USCS 3551 note), in subsec. (b)(4), deleted "subsections (a) and (b) of" preceding "section 404", and inserted "and section 3607 of title 18, United States Code"; and deleted subsec. (c), which read: "Revocation of supervised release term. A term of supervised release imposed under this section or section 418, 419, or 420 may be revoked if its terms and conditions are violated. In such circumstances the original term of imprisonment shall be increased by the period of the term of supervised release and the resulting new term of imprisonment shall not be diminished by the time which was spent on special parole. A person whose term of supervised release has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. A term of supervised release provided for in this section or section 418, 419, or 420 shall be in addition to, and not in lieu of, any other parole provided for by law.".

1986. Act Oct. 27, 1986, in subsec. (b), in the introductory matter, substituted ", 405A, or 405B" for "or 405A", in para. (1), substituted subparas. (A) and (B) for ones which read:

"(A) In the case of a violation of subsection (a) of this section involving--

"(i) 100 grams or more of a controlled substance in schedule I or II which is a mixture or substance containing a detectable amount of a narcotic drug other than a narcotic drug consisting of--

"(I) coca leaves;

"(II) a compound, manufacture, salt, derivative, or preparation of coca leaves; or

"(III) a substance chemically identical thereto;  

"(ii) a kilogram or more of any other controlled substance in schedule I or II which is a narcotic drug;

"(iii) 500 grams or more of phencyclidine (PCP); or

"(iv) 5 grams or more of lysergic acid diethylamide (LSD);  

such person shall be sentenced to a term of imprisonment of not more than 20 years, a fine of not more than $250,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or other law of a State, the United States, or a foreign country 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 40 years, a fine of not more than $500,000, or both

"(B) In the case of a controlled substance in schedule I or II, except as provided in subparagraphs (A) and (C), such person shall be sentenced to a term of imprisonment of not more than 15 years, a fine of not more than $125,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or other law of a State, the United States, or a foreign country 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 30 years, a fine of not more than $250,000, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 6 years in addition to such term of imprisonment.".  

Such Act further, in subsec. (b), in para. (1), redesignated former subpara. (C) as subpara. (D), and added a new subpara. (C), and substituted subpara. (D), as so redesignated, for one which read: "In the case of less than 50 kilograms of marijuana, 10 kilograms of hashish, or one kilogram of hashish oil or in the case of any controlled substance in schedule III, such person shall, except as provided in paragraphs (4) and (5) of this subsection, be sentenced to a term of imprisonment of not more than 5 years, a fine of not more than $50,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or other law of a State, the United States, or a foreign country 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 10 years, a fine of not more than $100,000, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least 2 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 4 years in addition to such term of imprisonment.", in para. (2), substituted "a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual" for "a fine of not more than $25,000", and substituted a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual for "a fine of not more than $50,000", in para. (3), substituted "a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $100,000 if the defendant is an individual or $250,000 if the defendant is other than an individual" for "a fine of not more than $10,000", and substituted "a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $200,000 if the defendant is an individual or $500,000 if the defendant is other than an individual" for "a fine of not more than $20,000", in para. (4), substituted "1(D)" for "1(C)", and substituted para. (5) for one which read "Notwithstanding paragraph (1), any person who violates subsection (a) by cultivating a controlled substance on Federal property shall be fined not more than--

"(A) $500,000 if such person is an individual; and

"(B) $1,000,000 if such person is not an individual.";  

in subsec. (c), substituted ", 405A, or 405B" for "405A"; and in subsec. (d), in the concluding matter, substituted "a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual" for "a fine of not more than $15,000", and added subsec (e).

Such Act further (effective as provided by 1004(b) of such Act, which appears as a note to this section), in subsecs. (b)(1)(D), (b)(2) and (c), substituted "term of supervised release" for "special parole term".

1988. Act Nov. 18, 1988, in subsec. (b)(1), in subpara. (A), in cl. (vi), deleted "or" following the semicolon, in cl. (vii), inserted ", or 1,000 or more marihuana plants regardless of weight", added "or" following the semicolon, and added cl. (viii), and in the concluding matter, substituted "a prior conviction for a felony drug offense has become final" for "one or more prior convictions" and inserted the sentence beginning "If any person commits a violation . . .".

Such Act further, in subsec. (b), in para. (1), in subpara. (B), in cl. (vi), deleted "or" following the semicolon, in cl. (vii), inserted ", or 100 or more marihuana plants regardless of weight", added "or" following the semicolon, and added cl. (viii), and in subpara. (D), substituted "50 or more marihuana plants" for "100 or more marihuana plants", and added para. (6).

Act Nov. 18, 1988 (effective 120 days after enactment, as provided by 6061 of such Act, which appears as 21 USCS 802 note) substituted subsec. (d) for one which read:

"(d) Any person who knowingly or intentionally--

"(1) possesses any piperidine with intent to manufacture phencyclidine except as authorized by this title, or

"(2) possesses any piperidine knowing, or having reasonable cause to believe, that the piperidine will be used to manufacture phencyclidine except as authorized by this title,  

shall be sentenced to a term of imprisonment of not more than 5 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual, or both.".

Such Act further added subsecs. (f) and (g).

1990. Act Nov. 29, 1990, in subsec. (b)(1), in subparas. (A)(ii)(IV) and (B)(ii)(IV), substituted "any of the substances" for "any of the substance".

Such Act further, in subsec. (b)(1)(A)(viii), substituted "or 1 kilogram or more of a mixture of substance containing a detectable amount of methamphetamine" for "or 100 grams or more of a mixture or substance containing a detectable among of methamphetamine".

Such Act further, in subsec. (b), substituted "section 418, 419, or 420" for "section 405, 405A, or 405B".

Such Act further, in subsec. (c), purported to substitute "section 418, 419, or 420" for "section 405, 405A, or 405B"; such substitution was not executed since subsec. (c) was repealed by Act Oct. 12, 1984, P. L. 98-473, 98 Stat. 2030.

1994. Act Sept. 13, 1994, in subsec. (b), in the introductory matter, inserted "409,", in para. (1), in subpara. (A), in the concluding matter, inserted "409" and deleted "For purposes of this subparagraph, the term "felony drug offense" means an offense that is a felony under any provision of this title or any other Federal law that prohibits or restricts conduct relating to narcotic drugs, marihuana, or depressant or stimulant substances or a felony under any law of a State or a foreign country that prohibits or restricts conduct relating to narcotic drugs, marihuana, or depressant or stimulant substances." following "preceding sentence.", and, in subpara. (B) concluding matter and in subparas. (C) and (D), substituted "a prior conviction for a felony drug offense has become final" for "one or more prior convictions for an offense punishable under this paragraph, or for a felony under any other provision of this title or title III or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final".

1996.  Act Oct. 3, 1996, in subsec. (d), in the concluding matter, substituted "not more than 20 years in the case of a violation of paragraph (1) or (2) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (2) involving a list I chemical," for "not more than 10 years,"; and, in subsec. (f), inserted "manufacture, exportation," and deleted "regulated" preceding "transaction".

Act Oct. 13, 1996, in subsec. (b), in para. (1), in subpara. (C), inserted ", or 1 gram of flunitrazepam," and, in subpara. (D), inserted "or 30 milligrams of flunitrazepam,", and added para. (7).

1998. Act Oct. 21, 1998, in subsec. (b)(1), in subpara. (A)(viii), substituted "50 grams" for "100 grams" and substituted "500 grams" for "1 kilogram" and, in subpara. (B)(viii), substituted "5 grams" for "10 grams" and substituted "50 grams" for "100 grams".

2000. Act Feb. 18, 2000, in subsec. (b), in para. (1), in subpara. (C), inserted "gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 1999)," and, in subpara. (D), substituted "(other than gamma hydroxybutyric acid), or 30" for ", or 30" and, in para. (7)(A), inserted "or controlled substance analogue"; and redesignated subsecs. (d)-(g) as subsecs. (c)-(f), respectively.

2002. Act Nov. 2, 2002, in subsec. (b)(1), in the concluding matter of subparas. (A) and (B), and in subparas. (C) and (D), substituted "Notwithstanding section 3583 of title 18, any sentence" for "Any sentence"; and, in subsec. (d), in para. (1), substituted "or fined under title 18, United States Code, or both" for "and shall be fined not more than $10,000", and, in para. (2), substituted "or fined under title 18, United States Code, or both" for "and shall be fined not more than $20,000".

2006. Act March 9, 2006, in subsec. (b)(5), in the introductory matter, inserted "or manufacturing"; and, in subsec. (f)(1), inserted ", except to the extent that paragraph (12), (13), or (14) of section 402(a) applies,".

Act July 27, 2006, added subsec. (g).

2008. Act Oct. 15, 2008 (effective 180 days after enactment, as provided by 3(j) of such Act, which appears as 21 USCS 802 note), added subsec. (h).   

Other provisions:

Repeal of subsec. (d). Act Sept. 26, 1980, P. L. 96-359, 8(b), 94 Stat. 1194, deleted 203(d) of Act Nov. 10, 1978, P. L. 95-633, 92 Stat. 3777, which would have repealed subsec. (d) of this section, effective Jan. 1, 1981.

 

Effective date of Oct. 27, 1986 amendments. Act Oct. 27, 1986, P. L. 99-570, Title I, Subtitle A, 1004(b), 100 Stat. 3207-6, provides: "The amendments made by this section [amending 21 USCS 841, 845, 845a, 960, 962] shall take effect on the date of the taking effect of section 3583 of title 18, United States Code.".   

 

18 USCS 924 

Engaging in continuing criminal enterprise, in violation of 21 USCS 848, and conspiracy to distribute narcotics and possession with intent to distribute, in violation of 21 USCS 841, and 846, are not crimes of violence within meaning of 18 USCS 16(b), and consequently defendants' convictions under 18 USCS 924(c), which prohibits use of firearm during commission of crime of violence, must be vacated.  United States v Cruz (1986, CA11 Ga) 805 F.2d 1464, 22 Fed Rules Evid Serv 283, cert den (1987) 481 US 1006, 95 L Ed 2d 204, 107 S Ct 1631 and cert den (1987) 482 US 930, 96 L Ed 2d 702, 107 S Ct 3215

Defendant convicted of possession with intent to distribute cocaine under 21 USCS 841(a)(1) and with use of firearm during commission of drug offense under 18 USCS 924(c) may not be subjected to enhancement of sentence for drug offense because defendant possessed more than one firearm. United States v Henderson (1996, CA11 Ga) 75 F.3d 614

In sentencing for possession with intent to distribute cocaine base in violation of 21 USCS 841, district court was not barred from imposing 2-level enhancement of defendant's sentence under USSG 2D1.1(b)(1) for possession of firearm by circumstance that court previously had sentenced defendant to later vacated 5-year sentence for using and carrying firearm during and in relation to drug trafficking crime in violation of 18 USCS 924(c)(1). United States v Goggins (1996, CA3 Pa) 99 F.3d 116, cert den (1997) 520 US 1161, 137 L Ed 2d 504, 117 S Ct 1347

In prosecution under 21 USCS 841 and 846, once district court vacated sentence under 18 USCS 924(c), or resentencing, district court could enhance defendant's sentence under 841 for use of firearm.  United States v Harrison (1997, CA8 Mo) 113 F.3d 135, reh, en banc, den (1997, CA8) 1997 US App LEXIS 16499

Double Jeopardy Clause was not implicated where, after reversal of conviction under 18 USCS 924, defendant's sentence under 21 USCS 841 was enhanced for use of firearm, since defendant, by challenging original conviction, could have no expectation of finality in original sentence.  United States v Rodriguez (1997, CA5 La) 114 F.3d 46

Where firearms conviction under 18 USCS 924(c) was reversed on collateral review, district court did not violate Double Jeopardy Clause by enhancing defendant's sentence on remaining counts under 21 USCS 841 for use of firearm. United States v Smith (1997, CA4 NC) 115 F.3d 241, cert den (1997) 522 US 922, 139 L Ed 2d 244, 118 S Ct 315

District court did not err in refusing to re-sentence defendant for underlying drug conviction under 21 USCS 841 after vacating defendant's conviction under 18 USCS 924(c) for carrying and using firearms during drug trafficking crime, where district court, having found that re-sentencing was neither "required nor appropriate," simply declined to exercise its discretionary authority to re-sentence. United States v Pearce (1998, CA10 NM) 146 F.3d 771, 1998 Colo J C A R 2524, 1998 Colo J C A R 2526

Where district court had originally crafted package sentence for defendant's violations of 21 USCS 841 and 846 and of 18 USCS 922 and 924 and defendant had subsequently successfully moved to vacate conviction and sentence for 924(c) offense, district court had jurisdiction to re-sentence defendant on all counts, because sentence package had become "unbundled"; since interdependence of drug and firearms offenses and sentencing package doctrine provided district court with jurisdiction to re-sentence defendant following his successful collateral attack on 924(c) offense, availability of enhancement under USSG 2D1.1(b)(1) was not necessary to court's jurisdiction to re-sentence on unchallenged counts. United States v Watkins (1998, CA11 Fla) 147 F.3d 1294, 11 FLW Fed C 1633

Charge of possession with intent to distribute cocaine in violation of 21 USCS 841 was properly joined with charges of being felon in possession of firearm, in violation of 18 USCS 922(g) and 924(c), using false Social Security numbers, in violation of 42 USCS 408(a)(7), and causing filing of false currency transaction reports, in violation of 31 USCS 5313 and 5324, since there was sufficient connection among charges. United States v Boyd (1999, CA8 Mo) 180 F.3d 967

Defendant's mandatory minimum 10-year sentence, imposed under 18 USCS 924(c)(1)(A)(iii) through judicial factfinding where Government established by preponderance of evidence defendant discharged shotgun during course of drug trafficking in violation of 21 USCS 841(a)(1), did not violate US Const Amd VI pursuant to Harris, which was not overruled by Booker. United States v Dare (2005, CA9 Mont) 425 F.3d 634

Evidence was sufficient to sustain defendant's conviction for violation of 18 USCS 924(c)(1)(A) because there was ample evidence that defendant possessed heroin with intent to distribute it, which is drug trafficking crime pursuant to 21 USCS 841(a)(1); and there was ample evidence that he actively employed firearms by making them operative factor in that crime, by bartering heroin for guns, and that he did so during and in relation to that crime. United States v Cotto (2006, CA1 Mass) 456 F.3d 25

At defendant's trial for using firearm during and in relation to conspiracy to distribute cocaine in violation of 18 USCS 924(c)(1)(A), jury was erroneously instructed that conspiracy to distribute cocaine existed if defendant agreed to accept drugs in payment for murder; instruction violated due process because it foreclosed jury's consideration of whether government had established one of elements of drug conspiracy under 21 USCS 846 and 841(a)(1)-existence of unity of purpose; such error was not harmless given that evidence of defendant's participation in cocaine distribution conspiracy was far from overwhelming. United States v Korey (2007, CA3 Pa) 472 F.3d 89

Where defendant's conviction for using and carrying firearms during and in relation to drug trafficking, in violation of 18 USCS 924(c), was reversed on appeal, case would be remanded for re-sentencing on convictions for conspiracy to distribute and to possess with intent to distribute crack cocaine, in violation of 21 USCS 846, and possessing crack cocaine with intent to distribute, in violation of 21 USCS 841, in order to allow trial court to consider upward adjustment of sentence pursuant to USSG 2D1.1(b)(1) for possession of dangerous weapon in connection with drug trafficking offense. United States v Morrison (1996, App DC) 321 US App DC 170, 98 F.3d 619, 45 Fed Rules Evid Serv 1114, cert den (1997) 520 US 1131, 137 L Ed 2d 355, 117 S Ct 1279, reh den (1997) 520 US 1194, 137 L Ed 2d 697, 117 S Ct 1487

Possession with intent to distribute narcotics is not crime of violence for purposes of 18 USCS 924(c).  United States v Bushey (1985, DC Vt) 617 F Supp 292

 

Defendant, who pleaded guilty to possession of crack cocaine and powder cocaine with intent to distribute, was properly sentenced to mandatory 10-year minimum term under 21 USCS 841(b)(1)(B) because his prior conviction by guilty plea for possession of firearm during and in relation to drug trafficking crime under 18 USCS 924(c)(1)(A) was conviction for offense that prohibited or restricted conduct relating to narcotic drugs since it was relationship between gun and drug trafficking that criminalized use or possession of firearm under 924(c)(1). United States v Nelson (2006, ED Va) 417 F Supp 2d 773

 

 

848.    Continuing criminal enterprise

(a) Penalties; forfeitures.   Any person who engages in a continuing criminal enterprise shall be sentenced to a term of imprisonment which may not be less than 20 years and which may be up to life imprisonment, to a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 413 of this title [21 USCS  853]; except that if any person engages in such activity after one or more prior convictions of him under this section have become final, he shall be sentenced to a term of imprisonment which may not be less than 30 years and which may be up to life imprisonment, to a fine not to exceed the greater of twice the amount authorized in accordance with the provisions of title 18, United States Code, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, and to the forfeiture prescribed in section 413 of this title [21 USCS  853].

(b) Life imprisonment for engaging in continuing criminal enterprise.   Any person who engages in a continuing criminal enterprise shall be imprisoned for life and fined in accordance with subsection (a), if--

(1) such person is the principal administrator, organizer, or leader of the enterprise or is one of several such principal administrators, organizers, or leaders; and

(2) (A) the violation referred to in  subsection (c)(1) involved at least 300 times the quantity of a substance described in subsection 401(b)(1)(B) of this Act [21 USCS  841(b)(1)(B)], or

(B) the enterprise, or any other enterprise in which the defendant was the principal or one of several principal administrators, organizers, or leaders, received $10 million dollars in gross receipts during any twelve-month period of its existence for the manufacture, importation, or distribution of a substance described in section 401(b)(1)(B) of this Act [21 USCS  841(b)(1)(B)].

(c) "Continuing criminal enterprise" defined.   For purposes of subsection (a), a person is engaged in a continuing criminal enterprise if--

(1) he violates any provision of this title or title III the punishment for which is a felony, and

(2) such violation is a part of a continuing series of violations of this title or title III--

(A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and

(B) from which such person obtains substantial income or resources.

(d) Suspension of sentence and probation prohibited.   In the case of any sentence imposed under this section, imposition or execution of such sentence shall not be suspended, probation shall not be granted, and the Act of July 15, 1932 (D.C. Code, secs. 24-203-24-207), shall not apply.

(e) Death penalty.  

(1) In addition to the other penalties set forth in this section--

(A) any person engaging in or working in furtherance of a continuing criminal enterprise, or any person engaging in an offense punishable under section 841(b)(1)(A) or section 960(b)(1) [21 USCS  841(b)(1)(A) or 960(b)(1)] who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of an individual and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death; and

(B) any person, during the commission of, in furtherance of, or while attempting to avoid apprehension, prosecution or service of a prison sentence for, a felony violation of this title or title III who intentionally kills or counsels, commands, induces, procures, or causes the intentional killing of any Federal, State, or local law enforcement officer engaged in, or on account of, the performance of such officer's official duties and such killing results, shall be sentenced to any term of imprisonment, which shall not be less than 20 years, and which may be up to life imprisonment, or may be sentenced to death.

(2) As used in paragraph (1)(B), the term "law enforcement officer" means a public servant authorized by law or by a Government agency or Congress to conduct or engage in the prevention, investigation, prosecution or adjudication of an offense, and includes those engaged in corrections, probation, or parole functions.

(f) [Not enacted]  

(g)-(r) [Repealed]  

 

(s) Special provision for methamphetamine.   For the purposes of subsection (b), in the case of continuing criminal enterprise involving methamphetamine or its salts, isomers, or salts of isomers, paragraph (2)(A) shall be applied by substituting "200" for "300", and paragraph (2)(B) shall be applied by substituting "$5,000,000" for "$10 million dollars".

 

 

 

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McLEOD LAW OFFICE, PSC

Brendan McLeod

McLeod Law Office, PSC

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Louisville, Kentucky 40202

 

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