PART A - INTRODUCTORY PROVISIONS

801 Note Short Title This title may be cited as the 'Controlled Substances Act'. 801. Congressional in!ings an! !e"larations# "ontrolle! s$%stan"es. The Congress makes the following findings and declarations: (1) any of the drugs included within this subcha!ter ha"e a useful and legitimate medical !ur!ose and are necessary to maintain the health and general welfare of the American !eo!le. (#) The illegal im!ortation$ manufacture$ distribution$ and !ossession and im!ro!er use of controlled substances ha"e a substantial and detrimental effect on the health and general welfare of the American !eo!le. (%) A ma&or !ortion of the traffic in controlled substances flows through interstate and foreign commerce. 'ncidents of the traffic which are not an integral !art of the interstate or foreign flow$ such as manufacture$ local distribution$ and !ossession$ nonetheless ha"e a substantial and direct effect u!on interstate commerce because ( (A) after manufacture$ many controlled substances are trans!orted in interstate commerce$ ()) controlled substances distributed locally usually ha"e been trans!orted in interstate commerce immediately before their distribution$ and (C) controlled substances !ossessed commonly flow through interstate commerce immediately !rior to such !ossession. (*) +ocal distribution and !ossession of controlled substances contribute to swelling the interstate traffic in such substances. (,) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus$ it is not feasible to distinguish$ in terms of controls$ between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate. (-) .ederal control of the intrastate incidents of the traffic in controlled substances is essential to the effecti"e control of the interstate incidents of such traffic. (/) The 0nited States is a !arty to the Single Con"ention on 1arcotic 2rugs$ 13-1$ and other international con"entions designed to establish effecti"e control o"er international and domestic traffic in controlled substances. 801a. Congressional in!ings an! !e"larations# &s'"hotro&i" s$%stan"es. The Congress makes the following findings and declarations: (1) The Congress has long recogni4ed the danger in"ol"ed in the manufacture$ distribution$ and use of certain !sychotro!ic substances for nonscientific and nonmedical !ur!oses$ and has !ro"ided strong and effecti"e legislation to control illicit trafficking and to regulate legitimate uses of !sychotro!ic substances in this country. Abuse of !sychotro!ic substances has become a !henomenon common to many countries$ howe"er$ and is not confined to national borders. 't is$ therefore$ essential that the 0nited States coo!erate with other nations in establishing effecti"e controls o"er international traffic in such substances.

 (#) The 0nited States has &oined with other countries in e5ecuting an international treaty$ entitled the Con"ention on 6sychotro!ic Substances and signed at 7ienna$ Austria$ on .ebruary #1$ 13/1$ which is designed to establish suitable controls o"er the manufacture$ distribution$ transfer$ and use of certain !sychotro!ic substances. The Con"ention is not self(e5ecuting$ and the obligations of the 0nited States thereunder may only be !erformed !ursuant to a!!ro!riate legislation. 't is the intent of the Congress that the amendments made by this Act$ together with e5isting law$ will enable the 0nited States to meet all of its obligations under the Con"ention and that no further legislation will be necessary for that !ur!ose. (%) 'n im!lementing the Con"ention on 6sychotro!ic Substances$ the Congress intends that$ consistent with the obligations of the 0nited States under the Con"ention$ control of !sychotro!ic substances in the 0nited States should be accom!lished within the framework of the !rocedures and criteria for classification of substances !ro"ided in the Com!rehensi"e 2rug Abuse 6re"ention and Control Act of 13/8 (#1 0.S.C. 981 et se:.). This will insure that (A) the a"ailability of !sychotro!ic substances to manufacturers$ distributors$ dis!ensers$ and researchers for useful and legitimate medical and scientific !ur!oses will not be unduly restricted; ()) nothing in the Con"ention will interfere with bona fide research acti"ities; and (C) nothing in the Con"ention will interfere with ethical medical !ractice in this country as determined by the Secretary of <ealth and <uman Ser"ices on the basis of a consensus of the "iews of the American medical and scientific community. 80(. De initions. As used in this subcha!ter: (1) The term ''addict'' means any indi"idual who habitually uses any narcotic drug so as to endanger the !ublic morals$ health$ safety$ or welfare$ or who is so far addicted to the use of narcotic drugs as to ha"e lost the !ower of self(control with reference to his addiction. (#) The term ''administer'' refers to the direct a!!lication of a controlled substance to the body of a !atient or research sub&ect by ( (A) a !ractitioner (or$ in his !resence$ by his authori4ed agent)$ or ()) the !atient or research sub&ect at the direction and in the !resence of the !ractitioner$ whether such a!!lication be by in&ection$ inhalation$ ingestion$ or any other means. (%) The term ''agent'' means an authori4ed !erson who acts on behalf of or at the direction of a manufacturer$ distributor$ or dis!enser; e5ce!t that such term does not include a common or contract carrier$ !ublic warehouseman$ or em!loyee of the carrier or warehouseman$ when acting in the usual and lawful course of the carrier's or warehouseman's business. (*) The term ''2rug =nforcement Administration'' means the 2rug =nforcement Administration in the 2e!artment of >ustice. (,) The term ''control'' means to add a drug or other substance$ or immediate !recursor$ to a schedule under !art ) of this subcha!ter$ whether by transfer from

another schedule or otherwise. (-) The term ''controlled substance'' means a drug or other substance$ or immediate !recursor$ included in schedule '$ ''$ '''$ '7$ or 7 of !art ) of this subcha!ter. The term does not include distilled s!irits$ wine$ malt be"erages$ or tobacco$ as those terms are defined or used in subtitle = of the 'nternal ?e"enue Code of 139-. (/) The term ''counterfeit substance'' means a controlled substance which$ or the container or labeling of which$ without authori4ation$ bears the trademark$ trade name$ or other identifying mark$ im!rint$ number$ or de"ice$ or any likeness thereof$ of a manufacturer$ distributor$ or dis!enser other than the !erson or !ersons who in fact manufactured$ distributed$ or dis!ensed such substance and which thereby falsely !ur!orts or is re!resented to be the !roduct of$ or to ha"e been distributed by$ such other manufacturer$ distributor$ or dis!enser. (9) The terms ''deli"er'' or ''deli"ery'' mean the actual$ constructi"e$ or attem!ted transfer of a controlled substance or a listed chemical$ whether or not there e5ists an agency relationshi!. (3) The term ''de!ressant or stimulant substance'' means ( (A) a drug which contains any :uantity of (i) barbituric acid or any of the salts of barbituric acid; or (ii) any deri"ati"e of barbituric acid which has been designated by the Secretary as habit forming under section %,#(d) of this title; or ()) a drug which contains any :uantity of (i) am!hetamine or any of its o!tical isomers; (ii) any salt of am!hetamine or any salt of an o!tical isomer of am!hetamine; or (iii) any substance which the Attorney @eneral$ after in"estigation$ has found to be$ and by regulation designated as$ habit forming because of its stimulant effect on the central ner"ous systems; or (C) lysergic acid diethylamide; or (2) any drug which contains any :uantity of a substance which the Attorney @eneral$ after in"estigation$ has found to ha"e$ and by regulation designated as ha"ing$ a !otential for abuse because of its de!ressant or stimulant effect on the central ner"ous system or its hallucinogenic effect. (18) The term ''dis!ense'' means to deli"er a controlled substance to an ultimate user or research sub&ect by$ or !ursuant to the lawful order of$ a !ractitioner$ including the !rescribing and administering of a controlled substance and the !ackaging$ labeling or com!ounding necessary to !re!are the substance for such deli"ery. The term ''dis!enser'' means a !ractitioner who so deli"ers a controlled substance to an ultimate user or research sub&ect. (11) The term ''distribute'' means to deli"er (other than by administering or dis!ensing) a controlled substance or a listed chemical. The term ''distributor'' means a !erson who so deli"ers a controlled substance or a listed chemical. (1#) The term ''drug'' has the meaning gi"en that term by section %#1(g)(1) of this title. (1%) The term ''felony'' means any .ederal or State offense classified by a!!licable .ederal or State law as a felony. (1*) The term ''isomer'' means the o!tical isomer$ e5ce!t as used in schedule '(c) and schedule ''(a)(*). As used in schedule '(c)$ the term ''isomer'' means any o!tical$ !ositional$ or geometric isomer. As used in schedule ''(a)(*)$ the term ''isomer'' means any o!tical or geometric isomer.

 (1,) The term ''manufacture'' means the !roduction$ !re!aration$ !ro!agation$ com!ounding$ or !rocessing of a drug or other substance$ either directly or indirectly or by e5traction from substances of natural origin$ or inde!endently by means of chemical synthesis or by a combination of e5traction and chemical synthesis$ and includes any !ackaging or re!ackaging of such substance or labeling or relabeling of its container; e5ce!t that such term does not include the !re!aration$ com!ounding$ !ackaging$ or labeling of a drug or other substance in conformity with a!!licable State or local law by a !ractitioner as an incident to his administration or dis!ensing of such drug or substance in the course of his !rofessional !ractice. The term ''manufacturer'' means a !erson who manufactures a drug or other substance. (1-) The term ''marihuana'' means all !arts of the !lant Cannabis sati"a +.$ whether growing or not; the seeds thereof; the resin e5tracted from any !art of such !lant; and e"ery com!ound$ manufacture$ salt$ deri"ati"e$ mi5ture$ or !re!aration of such !lant$ its seeds or resin. Such term does not include the mature stalks of such !lant$ fiber !roduced from such stalks$ oil or cake made from the seeds of such !lant$ any other com!ound$ manufacture$ salt$ deri"ati"e$ mi5ture$ or !re!aration of such mature stalks (e5ce!t the resin e5tracted therefrom)$ fiber$ oil$ or cake$ or the sterili4ed seed of such !lant which is inca!able of germination. (1/) The term ''narcotic drug'' means any of the following whether !roduced directly or indirectly by e5traction from substances of "egetable origin$ or inde!endently by means of chemical synthesis$ or by a combination of e5traction and chemical synthesis: (A) A!ium$ o!iates$ deri"ati"es of o!ium and o!iates$ including their isomers$ esters$ ethers$ salts$ and salts of isomers$ esters$ and ethers$ whene"er the e5istence of such isomers$ esters$ ethers$ and salts is !ossible within the s!ecific chemical designation. Such term does not include the iso:uinoline alkaloids of o!ium. ()) 6o!!y straw and concentrate of !o!!y straw. (C) Coca lea"es$ e5ce!t coca lea"es and e5tracts of coca lea"es from which cocaine$ ecgonine$ and deri"ati"es of ecgonine or their salts ha"e been remo"ed. (2) Cocaine$ its salts$ o!tical and geometric isomers$ and salts of isomers. (=) =cgonine$ its deri"ati"es$ their salts$ isomers$ and salts of isomers. (.) Any com!ound$ mi5ture$ or !re!aration which contains any :uantity of any of the substances referred to in sub!aragra!hs (A) through (=). (19) The term ''o!iate'' means any drug or other substance ha"ing an addiction( forming or addiction(sustaining liability similar to mor!hine or being ca!able of con"ersion into a drug ha"ing such addiction(forming or addiction(sustaining liability. (13) The term ''o!ium !o!!y'' means the !lant of the s!ecies 6a!a"er somniferum +.$ e5ce!t the seed thereof. (#8) The term ''!o!!y straw'' means all !arts$ e5ce!t the seeds$ of the o!ium !o!!y$ after mowing. (#1) The term ''!ractitioner'' means a !hysician$ dentist$ "eterinarian$ scientific in"estigator$ !harmacy$ hos!ital$ or other !erson licensed$ registered$ or

otherwise !ermitted$ by the 0nited States or the &urisdiction in which he !ractices or does research$ to distribute$ dis!ense$ conduct research with res!ect to$ administer$ or use in teaching or chemical analysis$ a controlled substance in the course of !rofessional !ractice or research. (##) The term ''!roduction'' includes the manufacture$ !lanting$ culti"ation$ growing$ or har"esting of a controlled substance. (#%) The term ''immediate !recursor'' means a substance ( (A) which the Attorney @eneral has found to be and by regulation designated as being the !rinci!al com!ound used$ or !roduced !rimarily for use$ in the manufacture of a controlled substance; ()) which is an immediate chemical intermediary used or likely to be used in the manufacture of such controlled substance; and (C) the control of which is necessary to !re"ent$ curtail$ or limit the manufacture of such controlled substance. (#*) The term ''Secretary''$ unless the conte5t otherwise indicates$ means the Secretary of <ealth and <uman Ser"ices. (#,) The term ''serious bodily in&ury'' means bodily in&ury which in"ol"es ( (A) a substantial risk of death; ()) !rotracted and ob"ious disfigurement; or (C) !rotracted loss or im!airment of the function of a bodily member$ organ$ or mental faculty. (#-) The term ''State'' means any State$ territory$ or !ossession of the 0nited States$ the 2istrict of Columbia$ the Commonwealth of 6uerto ?ico$ the Trust Territory of the 6acific 'slands$ and the Canal Bone. (#/) The term ''ultimate user'' means a !erson who has lawfully obtained$ and who !ossesses$ a controlled substance for his own use or for the use of a member of his household or for an animal owned by him or by a member of his household. (#9) The term ''0nited States''$ when used in a geogra!hic sense$ means all !laces and waters$ continental or insular$ sub&ect to the &urisdiction of the 0nited States. (#3) The term ''maintenance treatment'' means the dis!ensing$ for a !eriod in e5cess of twenty(one days$ of a narcotic drug in the treatment of an indi"idual for de!endence u!on heroin or other mor!hine(like drugs. (%8) The term ''deto5ification treatment'' means the dis!ensing$ for a !eriod not in e5cess of one hundred and eighty days$ of a narcotic drug in decreasing doses to an indi"idual in order to alle"iate ad"erse !hysiological or !sychological effects incident to withdrawal from the continuous or sustained use of a narcotic drug and as a method of bringing the indi"idual to a narcotic drug(free state within such !eriod. (%1) The term ''Con"ention on 6sychotro!ic Substances'' means the Con"ention on 6sychotro!ic Substances signed at 7ienna$ Austria$ on .ebruary #1$ 13/1; and the term ''Single Con"ention on 1arcotic 2rugs'' means the Single Con"ention on 1arcotic 2rugs signed at 1ew Cork$ 1ew Cork$ on arch %8$ 13-1. (%#) (A) =5ce!t as !ro"ided in sub!aragra!h ())$ the term ''controlled substance analogue'' means a substance ( (i) the chemical structure of which is substantially similar to the chemical

structure of a controlled substance in schedule ' or ''; (ii) which has a stimulant$ de!ressant$ or hallucinogenic effect on the central ner"ous system that is substantially similar to or greater than the stimulant$ de!ressant$ or hallucinogenic effect on the central ner"ous system of a controlled substance in schedule ' or ''; or (iii) with res!ect to a !articular !erson$ which such !erson re!resents or intends to ha"e a stimulant$ de!ressant$ or hallucinogenic effect on the central ner"ous system that is substantially similar to or greater than the stimulant$ de!ressant$ or hallucinogenic effect on the central ner"ous system of a controlled substance in schedule ' or ''. ()) Such term does not include ( (i) a controlled substance; (ii) any substance for which there is an a!!ro"ed new drug a!!lication; (iii) with res!ect to a !articular !erson any substance$ if an e5em!tion is in effect for in"estigational use$ for that !erson$ under section %,, of this title to the e5tent conduct with res!ect to such substance is !ursuant to such e5em!tion; or (i") any substance to the e5tent not intended for human consum!tion before such an e5em!tion takes effect with res!ect to that substance. (%%) The term ''listed chemical'' means any list ' chemical or any list '' chemical. (%*) The term ''list ' chemical'' means a chemical s!ecified by regulation of the Attorney @eneral as a chemical that is used in manufacturing a controlled substance in "iolation of this subcha!ter and is im!ortant to the manufacture of the controlled substances$ and such term includes (until otherwise s!ecified by regulation of the Attorney @eneral$ as considered a!!ro!riate by the Attorney @eneral or u!on !etition to the Attorney @eneral by any !erson) the following: (A) Anthranilic acid$ its esters$ and its salts. ()) )en4yl cyanide. (C) =!hedrine$ its salts$ o!tical isomers$ and salts of o!tical isomers. (2) =rgono"ine and its salts. (=) =rgotamine and its salts. (.) 1(Acetylanthranilic acid$ its esters$ and its salts. (@) 1or!seudoe!hedrine$ its salts$ o!tical isomers$ and salts of o!tical isomers. (<) 6henylacetic acid$ its esters$ and its salts. (') 6henyl!ro!anolamine$ its salts$ o!tical isomers$ and salts of o!tical isomers. (>) 6i!eridine and its salts. (D) 6seudoe!hedrine$ its salts$ o!tical isomers$ and salts of o!tical isomers. (+) %$*( ethylenedio5y!henyl(#(!ro!anone. ( ) ethylamine. (1) =thylamine. (A) 6ro!ionic anhydride. (6) 'nsosafrole. (E) Safrole. (?) 6i!eronal.

(S) 1( ethyle!herdrine. (.AAT1AT= 1) (.AAT1AT= 1) So in original. 6robably should be ''1( ethyle!hedrine.'' (T) 1(methyl!seudoe!hedrine. (0) <ydriotic (.AAT1AT= #) acid. (.AAT1AT= #) So in original. 6robably should be ''<ydriodic''. (7) )en4aldehyde. (F) 1itroethane. (G) Any salt$ o!tical isomer$ or salt of an o!tical isomer of the chemicals listed in sub!aragra!hs ( ) through (0) of this !aragra!h. (%,) The term ''list '' chemical'' means a chemical (other than a list ' chemical) s!ecified by regulation of the Attorney @eneral as a chemical that is used in manufacturing a controlled substance in "iolation of this subcha!ter$ and such term includes (until otherwise s!ecified by regulation of the Attorney @eneral$ as considered a!!ro!riate by the Attorney @eneral or u!on !etition to the Attorney @eneral by any !erson) the following chemicals: (A) Acetic anhydride. ()) Acetone. (C) )en4yl chloride. (2) =thyl ether. (=) ?e!ealed. 6ub. +. 181(-*/$ title GG'''$ Sec. #%81(b)$ 1o". #3$ 1338$ 18* Stat. *9,9. (.) 6otassium !ermanganate. (@) #()utanone. (<) Toluene. (%-) The term ''regular customer'' means$ with res!ect to a regulated !erson$ a customer with whom the regulated !erson has an established business relationshi! that is re!orted to the Attorney @eneral. (%/) The term ''regular im!orter'' means$ with res!ect to a listed chemical$ a !erson that has an established record as an im!orter of that listed chemical that is re!orted to the Attorney @eneral. (%9) The term ''regulated !erson'' means a !erson who manufactures$ distributes$ im!orts$ or e5!orts a listed chemical$ a tableting machine$ or an enca!sulating machine or who acts as a broker or trader for an international transaction in"ol"ing a listed chemical$ a tableting machine$ or an enca!sulating machine. (%3) The term ''regulated transaction'' means ( (A) a distribution$ recei!t$ sale$ im!ortation$ or e5!ortation of$ or an international transaction in"ol"ing shi!ment of$ a listed chemical$ or if the Attorney @eneral establishes a threshold amount for a s!ecific listed chemical$ a threshold amount$ including a cumulati"e threshold amount for multi!le transactions (as determined by the Attorney @eneral$ in consultation with the chemical industry and taking into consideration the :uantities normally used for lawful !ur!oses)$ of a listed chemical$ e5ce!t that such term does not include ( (i) a domestic lawful distribution in the usual course of business between agents or em!loyees of a single regulated !erson; (ii) a deli"ery of a listed chemical to or by a common or contract carrier

for carriage in the lawful and usual course of the business of the common or contract carrier$ or to or by a warehouseman for storage in the lawful and usual course of the business of the warehouseman$ e5ce!t that if the carriage or storage is in connection with the distribution$ im!ortation$ or e5!ortation of a listed chemical to a third !erson$ this clause does not relie"e a distributor$ im!orter$ or e5!orter from com!liance with section 9%8 of this title; (iii) any category of transaction or any category of transaction for a s!ecific listed chemical or chemicals s!ecified by regulation of the Attorney @eneral as e5cluded from this definition as unnecessary for enforcement of this subcha!ter or subcha!ter '' of this cha!ter; (i") any transaction in a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the 0nited States under the .ederal .ood$ 2rug$ and Cosmetic Act (#1 0.S.C. %81 et se:.) unless ( (') (aa) the drug contains e!hedrine or its salts$ o!tical isomers$ or salts of o!tical isomers as the only acti"e medicinal ingredient or contains e!hedrine or its salts$ o!tical isomers$ or salts of o!tical isomers and thera!eutically insignificant :uantities of another acti"e medicinal ingredient; or (bb) the Attorney @eneral has determined under section 91* of this title that the drug or grou! of drugs is being di"erted to obtain the listed chemical for use in the illicit !roduction of a controlled substance; and ('') the :uantity of e!hedrine or other listed chemical contained in the drug included in the transaction or multi!le transactions e:uals or e5ceeds the threshold established for that chemical by the Attorney @eneral; or (") any transaction in a chemical mi5ture which the Attorney @eneral has by regulation designated as e5em!t from the a!!lication of this subcha!ter and subcha!ter '' of this cha!ter based on a finding that the mi5ture is formulated in such a way that it cannot be easily used in the illicit !roduction of a controlled substance and that the listed chemical or chemicals contained in the mi5ture cannot be readily reco"ered; and ()) a distribution$ im!ortation$ or e5!ortation of a tableting machine or enca!sulating machine. (*8) The term ''chemical mi5ture'' means a combination of two or more chemical substances$ at least one of which is not a list ' chemical or a list '' chemical$ e5ce!t that such term does not include any combination of a list ' chemical or a list '' chemical with another chemical that is !resent solely as an im!urity. (*1) (A) The term ''anabolic steroid'' means any drug or hormonal substance$

 ())

chemically and !harmacologically related to testosterone (other than estrogens$ !rogestins$ and corticosteroids) that !romotes muscle growth$ and includes ( (i) boldenone$ (ii) chlorotestosterone$ (iii) clostebol$ (i") dehydrochlormethyltestosterone$ (") dihydrotestosterone$ ("i) drostanolone$ ("ii) ethylestrenol$ ("iii) fluo5ymesterone$ (i5) formebulone$ (5) mesterolone$ (5i) methandienone$ (5ii) methandranone$ (5iii) methandriol$ (5i") methandrostenolone$ (5") methenolone$ (5"i) methyltestosterone$ (5"ii) mibolerone$ (5"iii) nandrolone$ (5i5) norethandrolone$ (55) o5androlone$ (55i) o5ymesterone$ (55ii) o5ymetholone$ (55iii) stanolone$ (55i") stano4olol$ (55") testolactone$ (55"i) testosterone$ (55"ii) trenbolone$ and (55"iii) any salt$ ester$ or isomer of a drug or substance described or listed in this !aragra!h$ if that salt$ ester$ or isomer !romotes muscle growth.

(i) =5ce!t as !ro"ided in clause (ii)$ such term does not include an anabolic steroid which is e5!ressly intended for administration through im!lants to cattle or other nonhuman s!ecies and which has been a!!ro"ed by the Secretary of <ealth and <uman Ser"ices for such administration. (ii) 'f any !erson !rescribes$ dis!enses$ or distributes such steroid for human use$ such !erson shall be considered to ha"e !rescribed$ dis!ensed$ or distributed an anabolic steroid within the meaning of sub!aragra!h (A). (*#) The term ''international transaction'' means a transaction in"ol"ing the shi!ment of a listed chemical across an international border (other than a 0nited States border) in which a broker or trader located in the 0nited States !artici!ates. (*%) The terms ''broker'' and ''trader'' mean a !erson that assists in arranging an

international transaction in a listed chemical by ( (A) negotiating contracts; ()) ser"ing as an agent or intermediary; or (C) bringing together a buyer and seller$ a buyer and trans!orter$ or a seller and trans!orter. (*%) (.AAT1AT= %) The term ''felony drug offense'' means an offense that is !unishable by im!risonment for more than one year under any law of the 0nited States or of a State or foreign country that !rohibits or restricts conduct relating to narcotic drugs$ marihuana$ or de!ressant or stimulant substances. (.AAT1AT= %) So in original. 6robably should be ''(**)''. 80). Re&eale!. ?eturn to to!

PART * - AUT+ORITY TO CONTRO,- STANDARDS AND SC+.DU,.S

811. A$thorit' an! "riteria or "lassi i"ation o s$%stan"es. /a0 R$les an! reg$lations o Attorne' 1eneral- hearing The Attorney @eneral shall a!!ly the !ro"isions of this subcha!ter to the controlled substances listed in the schedules established by section 91# of this title and to any other drug or other substance added to such schedules under this subcha!ter. =5ce!t as !ro"ided in subsections (d) and (e) of this section$ the Attorney @eneral may by rule ( (1) add to such a schedule or transfer between such schedules any drug or other substance if he ( (A) finds that such drug or other substance has a !otential for abuse$ and ()) makes with res!ect to such drug or other substance the findings !rescribed by subsection (b) of section 91# of this title for the schedule in which such drug is to be !laced; or (#) remo"e any drug or other substance from the schedules if he finds that the drug or other substance does not meet the re:uirements for inclusion in any schedule. ?ules of the Attorney @eneral under this subsection shall be made on the record after o!!ortunity for a hearing !ursuant to the rulemaking !rocedures !rescribed by subcha!ter '' of cha!ter , of title ,. 6roceedings for the issuance$ amendment$ or re!eal of such rules may be initiated by the Attorney @eneral (1) on his own motion$ (#) at the re:uest of the Secretary$ or (%) on the !etition of any interested !arty. /%0 .2al$ation o !r$gs an! other s$%stan"es The Attorney @eneral shall$ before initiating !roceedings under subsection (a) of this section to control a drug or other substance or to remo"e a drug or other substance entirely from the schedules$ and after gathering the necessary data$ re:uest from the Secretary a scientific and medical e"aluation$ and his recommendations$ as to whether such drug or other substance should be so controlled or remo"ed as a controlled substance. 'n making such e"aluation and recommendations$ the Secretary shall consider the factors listed in !aragra!hs (#)$ (%)$ (-)$ (/)$ and (9) of subsection (c) of this section and any scientific or medical considerations in"ol"ed in !aragra!hs (1)$ (*)$ and (,) of such subsection. The recommendations of the Secretary shall include

recommendations with res!ect to the a!!ro!riate schedule$ if any$ under which such drug or other substance should be listed. The e"aluation and the recommendations of the Secretary shall be made in writing and submitted to the Attorney @eneral within a reasonable time. The recommendations of the Secretary to the Attorney @eneral shall be binding on the Attorney @eneral as to such scientific and medical matters$ and if the Secretary recommends that a drug or other substance not be controlled$ the Attorney @eneral shall not control the drug or other substance. 'f the Attorney @eneral determines that these facts and all other rele"ant data constitute substantial e"idence of !otential for abuse such as to warrant control or substantial e"idence that the drug or other substance should be remo"ed entirely from the schedules$ he shall initiate !roceedings for control or remo"al$ as the case may be$ under subsection (a) of this section. /"0 3a"tors !eter4inati2e o "ontrol or re4o2al ro4 s"he!$les 'n making any finding under subsection (a) of this section or under subsection (b) of section 91# of this title$ the Attorney @eneral shall consider the following factors with res!ect to each drug or other substance !ro!osed to be controlled or remo"ed from the schedules: (1) 'ts actual or relati"e !otential for abuse. (#) Scientific e"idence of its !harmacological effect$ if known. (%) The state of current scientific knowledge regarding the drug or other substance. (*) 'ts history and current !attern of abuse. (,) The sco!e$ duration$ and significance of abuse. (-) Fhat$ if any$ risk there is to the !ublic health. (/) 'ts !sychic or !hysiological de!endence liability. (9) Fhether the substance is an immediate !recursor of a substance already controlled under this subcha!ter. /!0 International treaties5 "on2entions5 an! &roto"ols re6$iring "ontrol&ro"e!$res res&e"ting "hanges in !r$g s"he!$les o Con2ention on Ps'"hotro&i" S$%stan"es (1) 'f control is re:uired by 0nited States obligations under international treaties$ con"entions$ or !rotocols in effect on Actober #/$ 13/8$ the Attorney @eneral shall issue an order controlling such drug under the schedule he deems most a!!ro!riate to carry out such obligations$ without regard to the findings re:uired by subsection (a) of this section or section 91#(b) of this title and without regard to the !rocedures !rescribed by subsections (a) and (b) of this section. (#) (A) Fhene"er the Secretary of State recei"es notification from the Secretary(@eneral of the 0nited 1ations that information has been transmitted by or to the Forld <ealth Argani4ation$ !ursuant to article # of the Con"ention on 6sychotro!ic Substances$ which may &ustify adding a drug or other substance to one of the schedules of the Con"ention$ transferring a drug or substance from one schedule to another$ or deleting it from the schedules$ the Secretary of State shall immediately transmit the notice to the Secretary of <ealth and <uman Ser"ices who shall !ublish it in the .ederal ?egister and

!ro"ide o!!ortunity to interested !ersons to submit to him comments res!ecting the scientific and medical e"aluations which he is to !re!are res!ecting such drug or substance. The Secretary of <ealth and <uman Ser"ices shall !re!are for transmission through the Secretary of State to the Forld <ealth Argani4ation such medical and scientific e"aluations as may be a!!ro!riate regarding the !ossible action that could be !ro!osed by the Forld <ealth Argani4ation res!ecting the drug or substance with res!ect to which a notice was transmitted under this sub!aragra!h. ()) Fhene"er the Secretary of State recei"es information that the Commission on 1arcotic 2rugs of the 0nited 1ations !ro!oses to decide whether to add a drug or other substance to one of the schedules of the Con"ention$ transfer a drug or substance from one schedule to another$ or delete it from the schedules$ the Secretary of State shall transmit timely notice to the Secretary of <ealth and <uman Ser"ices of such information who shall !ublish a summary of such information in the .ederal ?egister and !ro"ide o!!ortunity to interested !ersons to submit to him comments res!ecting the recommendation which he is to furnish$ !ursuant to this sub!aragra!h$ res!ecting such !ro!osal. The Secretary of <ealth and <uman Ser"ices shall e"aluate the !ro!osal and furnish a recommendation to the Secretary of State which shall be binding on the re!resentati"e of the 0nited States in discussions and negotiations relating to the !ro!osal. (%) Fhen the 0nited States recei"es notification of a scheduling decision !ursuant to article # of the Con"ention on 6sychotro!ic Substances that a drug or other substance has been added or transferred to a schedule s!ecified in the notification or recei"es notification (referred to in this subsection as a ''schedule notice'') that e5isting legal controls a!!licable under this subcha!ter to a drug or substance and the controls re:uired by the .ederal .ood$ 2rug$ and Cosmetic Act (#1 0.S.C. %81 et se:.) do not meet the re:uirements of the schedule of the Con"ention in which such drug or substance has been !laced$ the Secretary of <ealth and <uman Ser"ices after consultation with the Attorney @eneral$ shall first determine whether e5isting legal controls under this subcha!ter a!!licable to the drug or substance and the controls re:uired by the .ederal .ood$ 2rug$ and Cosmetic Act$ meet the re:uirements of the schedule s!ecified in the notification or schedule notice and shall take the following action: (A) 'f such re:uirements are met by such e5isting controls but the Secretary of <ealth and <uman Ser"ices nonetheless belie"es that more stringent controls should be a!!lied to the drug or substance$ the Secretary shall recommend to the Attorney @eneral that he initiate !roceedings for scheduling the drug or substance$ !ursuant to subsections (a) and (b) of this section$ to a!!ly to such controls. ()) 'f such re:uirements are not met by such e5isting controls and the Secretary of <ealth and <uman Ser"ices concurs in the scheduling

decision or schedule notice transmitted by the notification$ the Secretary shall recommend to the Attorney @eneral that he initiate !roceedings for scheduling the drug or substance under the a!!ro!riate schedule !ursuant to subsections (a) and (b) of this section. (C) 'f such re:uirements are not met by such e5isting controls and the Secretary of <ealth and <uman Ser"ices does not concur in the scheduling decision or schedule notice transmitted by the notification$ the Secretary shall ( (i) if he deems that additional controls are necessary to !rotect the !ublic health and safety$ recommend to the Attorney @eneral that he initiate !roceedings for scheduling the drug or substance !ursuant to subsections (a) and (b) of this section$ to a!!ly such additional controls; (ii) re:uest the Secretary of State to transmit a notice of :ualified acce!tance$ within the !eriod s!ecified in the Con"ention$ !ursuant to !aragra!h / of article # of the Con"ention$ to the Secretary(@eneral of the 0nited 1ations; (iii) re:uest the Secretary of State to transmit a notice of :ualified acce!tance as !rescribed in clause (ii) and re:uest the Secretary of State to ask for a re"iew by the =conomic and Social Council of the 0nited 1ations$ in accordance with !aragra!h 9 of article # of the Con"ention$ of the scheduling decision; or (i") in the case of a schedule notice$ re:uest the Secretary of State to take a!!ro!riate action under the Con"ention to initiate !roceedings to remo"e the drug or substance from the schedules under the Con"ention or to transfer the drug or substance to a schedule under the Con"ention different from the one s!ecified in the schedule notice. (*) (A) 'f the Attorney @eneral determines$ after consultation with the Secretary of <ealth and <uman Ser"ices$ that !roceedings initiated under recommendations made under !aragra!h (.AAT1AT= 1) ()) or (C)(i) of !aragra!h (%) will not be com!leted within the time !eriod re:uired by !aragra!h / of article # of the Con"ention$ the Attorney @eneral$ after consultation with the Secretary and after !ro"iding interested !ersons o!!ortunity to submit comments res!ecting the re:uirements of the tem!orary order to be issued under this sentence$ shall issue a tem!orary order controlling the drug or substance under schedule '7 or 7$ whiche"er is most a!!ro!riate to carry out the minimum 0nited States obligations under !aragra!h / of article # of the Con"ention. As a !art of such order$ the Attorney @eneral shall$ after consultation with the Secretary$ e5ce!t such drug or substance from the a!!lication of any !ro"ision of !art C of this subcha!ter which he finds is not re:uired to carry out the

0nited States obligations under !aragra!h / of article # of the Con"ention. 'n the case of !roceedings initiated under sub!aragra!h ()) of !aragra!h (%)$ the Attorney @eneral$ concurrently with the issuance of such order$ shall re:uest the Secretary of State to transmit a notice of :ualified acce!tance to the Secretary(@eneral of the 0nited 1ations !ursuant to !aragra!h / of article # of the Con"ention. A tem!orary order issued under this sub!aragra!h controlling a drug or other substance sub&ect to !roceedings initiated under subsections (a) and (b) of this section shall e5!ire u!on the effecti"e date of the a!!lication to the drug or substance of the controls resulting from such !roceedings. (.AAT1AT= 1) So in original. 6robably should be ''sub!aragra!h''. ()) After a notice of :ualified acce!tance of a scheduling decision with res!ect to a drug or other substance is transmitted to the Secretary( @eneral of the 0nited 1ations in accordance with clause (ii) or (iii) of !aragra!h (%)(C) or after a re:uest has been made under clause (i") of such !aragra!h with res!ect to a drug or substance described in a schedule notice$ the Attorney @eneral$ after consultation with the Secretary of <ealth and <uman Ser"ices and after !ro"iding interested !ersons o!!ortunity to submit comments res!ecting the re:uirements of the order to be issued under this sentence$ shall issue an order controlling the drug or substance under schedule '7 or 7$ whiche"er is most a!!ro!riate to carry out the minimum 0nited States obligations under !aragra!h / of article # of the Con"ention in the case of a drug or substance for which a notice of :ualified acce!tance was transmitted or whiche"er the Attorney @eneral determines is a!!ro!riate in the case of a drug or substance described in a schedule notice. As a !art of such order$ the Attorney @eneral shall$ after consultation with the Secretary$ e5ce!t such drug or substance from the a!!lication of any !ro"ision of !art C of this subcha!ter which he finds is not re:uired to carry out the 0nited States obligations under !aragra!h / of article # of the Con"ention. 'f$ as a result of a re"iew under !aragra!h 9 of article # of the Con"ention of the scheduling decision with res!ect to which a notice of :ualified acce!tance was transmitted in accordance with clause (ii) or (iii) of !aragra!h (%)(C) ( (i) the decision is re"ersed$ and (ii) the drug or substance sub&ect to such decision is not re:uired to be controlled under schedule '7 or 7 to carry out the minimum 0nited States obligations under !aragra!h / of article # of the Con"ention$ the order issued under this sub!aragra!h with res!ect to such drug or substance shall e5!ire u!on recei!t by the 0nited States of the re"iew decision. 'f$ as a result of action taken !ursuant to action initiated under a re:uest transmitted under clause (i") of !aragra!h (%)(C)$ the drug or substance with res!ect to which such action was

taken is not re:uired to be controlled under schedule '7 or 7$ the order issued under this !aragra!h with res!ect to such drug or substance shall e5!ire u!on recei!t by the 0nited States of a notice of the action taken with res!ect to such drug or substance under the Con"ention. (C) An order issued under sub!aragra!h (A) or ()) may be issued without regard to the findings re:uired by subsection (a) of this section or by section 91#(b) of this title and without regard to the !rocedures !rescribed by subsection (a) or (b) of this section. (,) 1othing in the amendments made by the 6sychotro!ic Substances Act of 13/9 or the regulations or orders !romulgated thereunder shall be construed to !reclude re:uests by the Secretary of <ealth and <uman Ser"ices or the Attorney @eneral through the Secretary of State$ !ursuant to article # or other a!!licable !ro"isions of the Con"ention$ for re"iew of scheduling decisions under such Con"ention$ based on new or additional information. /e0 I44e!iate &re"$rsors The Attorney @eneral may$ without regard to the findings re:uired by subsection (a) of this section or section 91#(b) of this title and without regard to the !rocedures !rescribed by subsections (a) and (b) of this section$ !lace an immediate !recursor in the same schedule in which the controlled substance of which it is an immediate !recursor is !laced or in any other schedule with a higher numerical designation. 'f the Attorney @eneral designates a substance as an immediate !recursor and !laces it in a schedule$ other substances shall not be !laced in a schedule solely because they are its !recursors. / 0 A%$se &otential 'f$ at the time a new(drug a!!lication is submitted to the Secretary for any drug ha"ing a stimulant$ de!ressant$ or hallucinogenic effect on the central ner"ous system$ it a!!ears that such drug has an abuse !otential$ such information shall be forwarded by the Secretary to the Attorney @eneral. /g0 .7"l$sion o non-nar"oti" s$%stan"es sol! o2er the "o$nter 8itho$t a &res"ri&tion- !e7tro4ethor&han- e7e4&tion o s$%stan"es la"9ing a%$se &otential (1) The Attorney @eneral shall by regulation e5clude any non(narcotic substance from a schedule if such substance may$ under the .ederal .ood$ 2rug$ and Cosmetic Act (#1 0.S.C. %81 et se:.)$ be lawfully sold o"er the counter without a !rescri!tion. (#) 2e5tromethor!han shall not be deemed to be included in any schedule by reason of enactment of this subcha!ter unless controlled after Actober #/$ 13/8 !ursuant to the foregoing !ro"isions of this section. (%) The Attorney @eneral may$ by regulation$ e5em!t any com!ound$ mi5ture$ or !re!aration containing a controlled substance from the a!!lication of all or any !art of this subcha!ter if he finds such com!ound$ mi5ture$ or !re!aration meets the re:uirements of one of the following categories: (A) A mi5ture$ or !re!aration containing a nonnarcotic controlled substance$ which mi5ture or !re!aration is a!!ro"ed for

!rescri!tion use$ and which contains one or more other acti"e ingredients which are not listed in any schedule and which are included therein in such combinations$ :uantity$ !ro!ortion$ or concentration as to "itiate the !otential for abuse. ()) A com!ound$ mi5ture$ or !re!aration which contains any controlled substance$ which is not for administration to a human being or animal$ and which is !ackaged in such form or concentration$ or with adulterants or denaturants$ so that as !ackaged it does not !resent any significant !otential for abuse. /h0 Te4&orar' s"he!$ling to a2oi! i44inent ha:ar!s to &$%li" sa et' (1) 'f the Attorney @eneral finds that the scheduling of a substance in schedule ' on a tem!orary basis is necessary to a"oid an imminent ha4ard to the !ublic safety$ he may$ by order and without regard to the re:uirements of subsection (b) of this section relating to the Secretary of <ealth and <uman Ser"ices$ schedule such substance in schedule ' if the substance is not listed in any other schedule in section 91# of this title or if no e5em!tion or a!!ro"al is in effect for the substance under section ,8, of the .ederal .ood$ 2rug$ and Cosmetic Act (#1 0.S.C. %,,). Such an order may not be issued before the e5!iration of thirty days from ( (A) the date of the !ublication by the Attorney @eneral of a notice in the .ederal ?egister of the intention to issue such order and the grounds u!on which such order is to be issued$ and ()) the date the Attorney @eneral has transmitted the notice re:uired by !aragra!h (*). (#) The scheduling of a substance under this subsection shall e5!ire at the end of one year from the date of the issuance of the order scheduling such substance$ e5ce!t that the Attorney @eneral may$ during the !endency of !roceedings under subsection (a)(1) of this section with res!ect to the substance$ e5tend the tem!orary scheduling for u! to si5 months. (%) Fhen issuing an order under !aragra!h (1)$ the Attorney @eneral shall be re:uired to consider$ with res!ect to the finding of an imminent ha4ard to the !ublic safety$ only those factors set forth in !aragra!hs (*)$ (,)$ and (-) of subsection (c) of this section$ including actual abuse$ di"ersion from legitimate channels$ and clandestine im!ortation$ manufacture$ or distribution. (*) The Attorney @eneral shall transmit notice of an order !ro!osed to be issued under !aragra!h (1) to the Secretary of <ealth and <uman Ser"ices. 'n issuing an order under !aragra!h (1)$ the Attorney @eneral shall take into consideration any comments submitted by the Secretary in res!onse to a notice transmitted !ursuant to this !aragra!h. (,) An order issued under !aragra!h (1) with res!ect to a substance shall be "acated u!on the conclusion of a subse:uent rulemaking !roceeding initiated under subsection (a) of this section with res!ect to such substance. (-) An order issued under !aragra!h (1) is not sub&ect to &udicial re"iew. 81(. S"he!$les o "ontrolle! s$%stan"es. /a0 .sta%lish4ent There are established fi"e schedules of controlled substances$ to be known as

schedules '$ ''$ '''$ '7$ and 7. Such schedules shall initially consist of the substances listed in this section. The schedules established by this section shall be u!dated and re!ublished on a semiannual basis during the two(year !eriod beginning one year after Actober #/$ 13/8$ and shall be u!dated and re!ublished on an annual basis thereafter. /%0 Pla"e4ent on s"he!$les- in!ings re6$ire! =5ce!t where control is re:uired by 0nited States obligations under an international treaty$ con"ention$ or !rotocol$ in effect on Actober #/$ 13/8$ and e5ce!t in the case of an immediate !recursor$ a drug or other substance may not be !laced in any schedule unless the findings re:uired for such schedule are made with res!ect to such drug or other substance. The findings re:uired for each of the schedules are as follows: (1) Schedule '. ( (A) The drug or other substance has a high !otential for abuse. ()) The drug or other substance has no currently acce!ted medical use in treatment in the 0nited States. (C) There is a lack of acce!ted safety for use of the drug or other substance under medical su!er"ision. (#) Schedule ''. ( (A) The drug or other substance has a high !otential for abuse. ()) The drug or other substance has a currently acce!ted medical use in treatment in the 0nited States or a currently acce!ted medical use with se"ere restrictions. (C) Abuse of the drug or other substances may lead to se"ere !sychological or !hysical de!endence. (%) Schedule '''. ( (A) The drug or other substance has a !otential for abuse less than the drugs or other substances in schedules ' and ''. ()) The drug or other substance has a currently acce!ted medical use in treatment in the 0nited States. (C) Abuse of the drug or other substance may lead to moderate or low !hysical de!endence or high !sychological de!endence. (*) Schedule '7. ( (A) The drug or other substance has a low !otential for abuse relati"e to the drugs or other substances in schedule '''. ()) The drug or other substance has a currently acce!ted medical use in treatment in the 0nited States. (C) Abuse of the drug or other substance may lead to limited !hysical de!endence or !sychological de!endence relati"e to the drugs or other substances in schedule '''. (,) Schedule 7. ( (A) The drug or other substance has a low !otential for abuse relati"e to the drugs or other substances in schedule '7. ()) The drug or other substance has a currently acce!ted medical use in treatment in the 0nited States. (C) Abuse of the drug or other substance may lead to limited !hysical de!endence or !sychological de!endence relati"e to the drugs or other substances in schedule '7.

 /"0 Initial s"he!$les o "ontrolle! s$%stan"es Schedules '$ ''$ '''$ '7$ and 7 shall$ unless and until amended (.AAT1AT= 1) !ursuant to section 911 of this title$ consist of the following drugs or other substances$ by whate"er official name$ common or usual name$ chemical name$ or brand name designated: (.AAT1AT= 1) ?e"ised schedules are !ublished in the Code of .ederal ?egulations$ 6art 1%89 of Title #1$ .ood and 2rugs. SC+.DU,. I /a0 O&iates 0nless s!ecifically e5ce!ted or unless listed in another schedule$ any of the following o!iates$ including their isomers$ esters$ ethers$ salts$ and salts of isomers$ esters$ and ethers$ whene"er the e5istence of such isomers$ esters$ ethers$ and salts is !ossible within the s!ecific chemical designation: (1) Acetylmethadol. (#) Allyl!rodine. (%) Al!hacetylmathadol. (.AAT1AT= #) (.AAT1AT= #) So in original. 6robably should be ''Al!hacetylmethadol.'' (*) Al!hame!rodine. (,) Al!hamethadol. (-) )en4ethidine. (/) )etacetylmethadol. (9) )etame!rodine. (3) )etamethadol. (18) )eta!rodine. (11) Clonita4ene. (1#) 2e5tromoramide. (1%) 2e5tror!han. (1*) 2iam!romide. (1,) 2iethylthiambutene. (1-) 2imeno5adol. (1/) 2ime!he!tanol. (19) 2imethylthiambutene. (13) 2io5a!hetyl butyrate. (#8) 2i!i!anone. (#1) =thylmethylthiambutene. (##) =tonita4ene. (#%) =to5eridine. (#*) .urethidine. (#,) <ydro5y!ethidine. (#-) Detobemidone. (#/) +e"omoramide. (#9) +e"o!henacylmor!han. (#3) or!heridine. (%8) 1oracymethadol. (%1) 1orle"or!hanol. (%#) 1ormethadone.

 (%%) 1or!i!anone. (%*) 6henado5one. (%,) 6henam!romide. (%-) 6henomor!han. (%/) 6heno!eridine. (%9) 6iritramide. (%3) 6ro!he!ta4ine. (*8) 6ro!eridine. (*1) ?acemoramide. (*#) Trime!eridine. /%0 O&i$4 Deri2ati2es 0nless s!ecifically e5ce!ted or unless listed in another schedule$ any of the following o!ium deri"ati"es$ their salts$ isomers$ and salt of isomers whene"er the e5istence of such salts$ isomers$ and salts of isomers is !ossible within the s!ecific chemical designation: (1) Acetor!hine. (#) Acetyldihydrocodeine. (%) )en4ylmor!hine. (*) Codeine methylbromide. (,) Codeine(1(A5ide. (-) Cy!renor!hine. (/) 2esomor!hine. (9) 2ihydromor!hine. (3) =tor!hine. (18) <eroin. (11) <ydromor!hinol. (1#) ethyldesor!hine. (1%) ethylhydromor!hine. (1*) or!hine methylbromide. (1,) or!hine methylsulfonate. (1-) or!hine(1(A5ide. (1/) yro!hine. (19) 1icocodeine. (13) 1icomor!hine. (#8) 1ormor!hine. (#1) 6holcodine. (##) Thebacon. /"0 +all$"inogeni" S$%stan"es 0nless s!ecifically e5ce!ted or unless listed in another schedule$ any material$ com!ound$ mi5ture$ or !re!aration$ which contains any :uantity of the following hallucinogenic substances$ or which contains any of their salts$ isomers$ and salts of isomers whene"er the e5istence of such salts$ isomers$ and salts of isomers is !ossible within the s!ecific chemical designation: (1) %$*(methylenedio5y am!hetamine. (#) ,(metho5y(%$*(methylenedio5y am!hetamine.

 (%) %$*$,(trimetho5y am!hetamine. (*) )ufotenine. (,) 2iethyltry!tamine. (-) 2imethyltry!tamine. (/) *(methyl(#$,(diametho5yam!hetamine. (9) 'bogaine. (3) +ysergic acid diethylamide. (18) arihuana. (11) escaline. (1#) 6eyote. (1%) 1(ethyl(%(!i!eridyl ben4ilate. (1*) 1(methyl(%(!i!eridyl ben4ilate. (1,) 6silocybin. (1-) 6silocyn. (1/) Tetrahydrocannabinols. SC+.DU,. II /a0 0nless s!ecifically e5ce!ted or unless listed in another schedule$ any of the following substances whether !roduced directly or indirectly by e5traction from substances of "egetable origin$ or inde!endently by means of chemical synthesis$ or by a combination of e5traction and chemical synthesis: (1) A!ium and o!iate$ and any salt$ com!ound$ deri"ati"e$ or !re!aration of o!ium or o!iate. (#) Any salt$ com!ound$ deri"ati"e$ or !re!aration thereof which is chemically e:ui"alent or identical with any of the substances referred to in clause (1)$ e5ce!t that these substances shall not include the iso:uinoline alkaloids of o!ium. (%) A!ium !o!!y and !o!!y straw. (*) coca (.AAT1AT= %) lea"es$ e5ce!t coca lea"es and e5tracts of coca lea"es from which cocaine$ ecgonine$ and deri"ati"es of ecgonine or their salts ha"e been remo"ed; cocaine$ its salts$ o!tical and geometric isomers$ and salts of isomers; ecgonine$ its deri"ati"es$ their salts$ isomers$ and salts of isomers; or any com!ound$ mi5ture$ or !re!aration which contains any :uantity of any of the substances referred to in this !aragra!h. (.AAT1AT= %) So in original. 6robably should be ca!itali4ed. /%0 O&iates 0nless s!ecifically e5ce!ted or unless listed in another schedule$ any of the following o!iates$ including their isomers$ esters$ ethers$ salts$ and salts of isomers$ esters and ethers$ whene"er the e5istence of such isomers$ esters$ ethers$ and salts is !ossible within the s!ecific chemical designation: (1) Al!ha!rodine. (#) Anileridine. (%) )e4itramide. (*) 2ihydrocodeine. (,) 2i!heno5ylate. (-) .entanyl.

(/) 'somethadone. (9) +e"omethor!han. (3) +e"or!hanol. (18) eta4ocine. (11) ethadone. (1#) ethadone('ntermediate$ *(cyano(#(dimethylamino(*$*(di!henyl butane. (1%) oramide('ntermediate$ #(methyl(%(mor!holino(1$ 1(di!henyl!ro!ane(carbo5ylic acid. (1*) 6ethidine. (1,) 6ethidine('ntermediate(A$ *(cyano(1(methyl(*(!henyl!i!eridine. (1-) 6ethidine('ntermediate()$ ethyl(*(!henyl!i!eridine(*(carbo5ylate. (1/) 6ethidine('ntermediate(C$ 1(methyl(*(!henyl!i!eridine(*(carbo5ylic acid. (19) 6hena4ocine. (13) 6iminodine. (#8) ?acemethor!han. (#1) ?acemor!han. /"0 ;etha4&heta4ine 0nless s!ecifically e5ce!ted or unless listed in another schedule$ any in&ectable li:uid which contains any :uantity of metham!hetamine$ including its salts$ isomers$ and salts of isomers. SC+.DU,. III /a0 Sti4$lants 0nless s!ecifically e5ce!ted or unless listed in another schedule$ any material$ com!ound$ mi5ture$ or !re!aration which contains any :uantity of the following substances ha"ing a stimulant effect on the central ner"ous system: (1) Am!hetamine$ its salts$ o!tical isomers$ and salts of its o!tical isomers. (#) 6henmetra4ine and its salts. (%) Any substance (e5ce!t an in&ectable li:uid) which contains any :uantity of metham!hetamine$ including its salts$ isomers$ and salts of isomers. (*) ethyl!henidate. /%0 De&ressants 0nless s!ecifically e5ce!ted or unless listed in another schedule$ any material$ com!ound$ mi5ture$ or !re!aration which contains any :uantity of the following substances ha"ing a de!ressant effect on the central ner"ous system: (1) Any substance which contains any :uantity of a deri"ati"e of barbituric acid$ or any salt of a deri"ati"e of barbituric acid. (#) Chorhe5adol. (%) @lutehimide. (*) +ysergic acid. (,) +ysergic acid amide. (-) ethy!rylon. (/) 6hencyclidine. (9) Sulfondiethylmethane. (3) Sulfonethylmethane. (18) Sulfonmethane.

 /"0 Nalor&hine. /!0 Nar"oti" Dr$g 0nless s!ecifically e5ce!ted or unless listed in another schedule$ any material$ com!ound$ mi5ture$ or !re!aration containing limited :uantities of any of the following narcotic drugs$ or any salts thereof: (1) 1ot more than 1.9 grams of codeine !er 188 milliliters or not more than 38 milligrams !er dosage unit$ with an e:ual or greater :uantity of an iso:uinoline alkaloid of o!ium. (#) 1ot more than 1.9 grams of codeine !er 188 milliliters or not more than 38 milligrams !er dosage unit$ with one or more acti"e$ non(narcotic ingredients in recogni4ed thera!eutic amounts. (%) 1ot more than %88 milligrams of dihydrocodeinone !er 188 milliliters or not more than 1, milligrams !er dosage unit$ with a fourfold or greater :uantity of an iso:uinoline alkaloid of o!ium. (*) 1ot more than %88 milligrams of dihydrocodeinone !er 188 milliliters or not more than 1, milligrams !er dosage unit$ with one or more acti"e$ nonnarcotic ingredients in recogni4ed thera!eutic amounts. (,) 1ot more than 1.9 grams of dihydrocodeine !er 188 milliliters or not more than 38 milligrams !er dosage unit$ with one or more acti"e$ nonnarcotic ingredients in recogni4ed thera!eutic amounts. (-) 1ot more than %88 milligrams of ethylmor!hine !er 188 milliliters or not more than 1, milligrams !er dosage unit$ with one or more acti"e$ nonnarcotic ingredients in recogni4ed thera!eutic amounts. (/) 1ot more than ,88 milligrams of o!ium !er 188 milliliters or !er 188 grams$ or not more than #, milligrams !er dosage unit$ with one or more acti"e$ nonnarcotic ingredients in recogni4ed thera!eutic amounts. (9) 1ot more than ,8 milligrams of mor!hine !er 188 milliliters or !er 188 grams with one or more acti"e$ nonnarcotic ingredients in recogni4ed thera!eutic amounts. /e0 Ana%oli" steroi!s. SC+.DU,. IV (1) )arbital. (#) Chloral betaine. (%) Chloral hydrate. (*) =thchlor"ynol. (,) =thinamate. (-) ethohe5ital. (/) e!robamate. (9) ethyl!henobarbital. (3) 6araldehyde. (18) 6etrichloral. (11) 6henobarbital. SC+.DU,. V Any com!ound$ mi5ture$ or !re!aration containing any of the following limited :uantities of narcotic drugs$ which shall include one or more nonnarcotic acti"e medicinal ingredients in sufficient !ro!ortion to confer u!on the com!ound$ mi5ture$ or !re!aration

"aluable medicinal :ualities other than those !ossessed by the narcotic drug alone: (1) 1ot more than #88 milligrams of codeine !er 188 milliliters or !er 188 grams. (#) 1ot more than 188 milligrams of dihydrocodeine !er 188 milliliters or !er 188 grams. (%) 1ot more than 188 milligrams of ethylmor!hine !er 188 milliliters or !er 188 grams. (*) 1ot more than #., milligrams of di!heno5ylate and not less than #, micrograms of atro!ine sulfate !er dosage unit. (,) 1ot more than 188 milligrams of o!ium !er 188 milliliters or !er 188 grams. 81). Treat4ent o "ontrolle! s$%stan"e analog$es. A controlled substance analogue shall$ to the e5tent intended for human consum!tion$ be treated$ for the !ur!oses of any .ederal law as a controlled substance in schedule '. 81<. Re4o2al o e7e4&tion o "ertain !r$gs. /a0 Re4o2al o e7e4&tion The Attorney @eneral shall by regulation remo"e from e5em!tion under section 98#(%3) (A)(i") of this title a drug or grou! of drugs that the Attorney @eneral finds is being di"erted to obtain a listed chemical for use in the illicit !roduction of a controlled substance. /%0 3a"tors to %e "onsi!ere! 'n remo"ing a drug or grou! of drugs from e5em!tion under subsection (a) of this section$ the Attorney @eneral shall consider$ with res!ect to a drug or grou! of drugs that is !ro!osed to be remo"ed from e5em!tion ( (1) the sco!e$ duration$ and significance of the di"ersion; (#) whether the drug or grou! of drugs is formulated in such a way that it cannot be easily used in the illicit !roduction of a controlled substance; and (%) whether the listed chemical can be readily reco"ered from the drug or grou! of drugs. /"0 S&e"i i"it' o !esignation The Attorney @eneral shall limit the designation of a drug or a grou! of drugs remo"ed from e5em!tion under subsection (a) of this section to the most !articularly identifiable ty!e of drug or grou! of drugs for which e"idence of di"ersion e5ists unless there is e"idence$ based on the !attern of di"ersion and other rele"ant factors$ that the di"ersion will not be limited to that !articular drug or grou! of drugs. /!0 Reinstate4ent o e7e4&tion 8ith res&e"t to &arti"$lar !r$g &ro!$"ts (1) ?einstatement An a!!lication by a manufacturer of a !articular drug !roduct that has been remo"ed from e5em!tion under subsection (a) of this section$ the Attorney @eneral shall by regulation reinstate the e5em!tion with res!ect to that !articular drug !roduct if the Attorney @eneral determines that the !articular drug !roduct is manufactured and distributed in a manner that !re"ents di"ersion. (#) .actors to be considered 'n deciding whether to reinstate the e5em!tion with res!ect to a !articular drug !roduct under !aragra!h (1)$ the Attorney @eneral shall consider (

(A) the !ackage si4es and manner of !ackaging of the drug !roduct; ()) the manner of distribution and ad"ertising of the drug !roduct; (C) e"idence of di"ersion of the drug !roduct; (2) any actions taken by the manufacturer to !re"ent di"ersion of the drug !roduct; and (=) such other factors as are rele"ant to and consistent with the !ublic health and safety$ including the factors described in subsection (b) of this section as a!!lied to the drug !roduct. (%) Status !ending a!!lication for reinstatement A transaction in"ol"ing a !articular drug !roduct that is the sub&ect of a bona fide !ending a!!lication for reinstatement of e5em!tion filed with the Attorney @eneral not later than -8 days after a regulation remo"ing the e5em!tion is issued !ursuant to subsection (a) of this section shall not be considered to be a regulated transaction if the transaction occurs during the !endency of the a!!lication and$ if the Attorney @eneral denies the a!!lication$ during the !eriod of -8 days following the date on which the Attorney @eneral denies the a!!lication$ unless ( (A) the Attorney @eneral has e"idence that$ a!!lying the factors described in subsection (b) of this section to the drug !roduct$ the drug !roduct is being di"erted; and ()) the Attorney @eneral so notifies the a!!licant. (*) Amendment and modification A regulation reinstating an e5em!tion under !aragra!h (1) may be modified or re"oked with res!ect to a !articular drug !roduct u!on a finding that ( (A) a!!lying the factors described in subsection (b) of this section to the drug !roduct$ the drug !roduct is being di"erted; or ()) there is a significant change in the data that led to the issuance of the regulation.

?eturn to to!

PART C - R.1ISTRATION O3 ;ANU3ACTUR.RS5 DISTRI*UTORS5 AND DISP.NS.RS O3 CONTRO,,.D SU*STANC.S

8(1. R$les an! reg$lations. The Attorney @eneral is authori4ed to !romulgate rules and regulations and to charge reasonable fees relating to the registration and control of the manufacture$ distribution$ and dis!ensing of controlled substances and to the registration and control of regulated !ersons and of regulated transactions. 8((. Persons re6$ire! to register. /a0 Perio! o registration (1) ="ery !erson who manufactures or distributes any controlled substance or list ' chemical$ or who !ro!oses to engage in the manufacture or distribution of any controlled substance or list ' chemical$ shall obtain

annually a registration issued by the Attorney @eneral in accordance with the rules and regulations !romulgated by him. (#) ="ery !erson who dis!enses$ or who !ro!oses to dis!ense$ any controlled substance$ shall obtain from the Attorney @eneral a registration issued in accordance with the rules and regulations !romulgated by him. The Attorney @eneral shall$ by regulation$ determine the !eriod of such registrations. 'n no e"ent$ howe"er$ shall such registrations be issued for less than one year nor for more than three years. /%0 A$thori:e! a"ti2ities 6ersons registered by the Attorney @eneral under this subcha!ter to manufacture$ distribute$ or dis!ense controlled substances or list ' chemicals are authori4ed to !ossess$ manufacture$ distribute$ or dis!ense such substances or chemicals (including any such acti"ity in the conduct of research) to the e5tent authori4ed by their registration and in conformity with the other !ro"isions of this subcha!ter. /"0 .7"e&tions The following !ersons shall not be re:uired to register and may lawfully !ossess any controlled substance or list ' chemical under this subcha!ter: (1) An agent or em!loyee of any registered manufacturer$ distributor$ or dis!enser of any controlled substance or list ' chemical if such agent or em!loyee is acting in the usual course of his business or em!loyment. (#) A common or contract carrier or warehouseman$ or an em!loyee thereof$ whose !ossession of the controlled substance or list ' chemical is in the usual course of his business or em!loyment. (%) An ultimate user who !ossesses such substance for a !ur!ose s!ecified in section 98#(#,) (.AAT1AT= 1) of this title.(.AAT1AT= 1) Section 98#(#,) of this title$ referred to in subsec. (c)(%)$ was redesignated section 98#(#-) of this title by 6ub. +. 39(*/%$ title ''$ Sec. ,8/(a)$ Act. 1#$ 139*$ 39 Stat. #8/1$ and was further redesignated section 98#(#/) of this title by 6ub. +. 33(,/8$ title '$ Sec. 188%(b) (#)$ Act. #/$ 139-$ 188 Stat. %#8/(-. /!0 =ai2er The Attorney @eneral may$ by regulation$ wai"e the re:uirement for registration of certain manufacturers$ distributors$ or dis!ensers if he finds it consistent with the !ublic health and safety. /e0 Se&arate registration A se!arate registration shall be re:uired at each !rinci!al !lace of business or !rofessional !ractice where the a!!licant manufactures$ distributes$ or dis!enses controlled substances or list ' chemicals. / 0 Ins&e"tion The Attorney @eneral is authori4ed to ins!ect the establishment of a registrant or a!!licant for registration in accordance with the rules and regulations !romulgated by him. 8(). Registration re6$ire4ents. /a0 ;an$ a"t$rers o "ontrolle! s$%stan"es in s"he!$le I or II

The Attorney @eneral shall register an a!!licant to manufacture controlled substances in schedule ' or '' if he determines that such registration is consistent with the !ublic interest and with 0nited States obligations under international treaties$ con"entions$ or !rotocols in effect on ay 1$ 13/1. 'n determining the !ublic interest$ the following factors shall be considered: (1) maintenance of effecti"e controls against di"ersion of !articular controlled substances and any controlled substance in schedule ' or '' com!ounded therefrom into other than legitimate medical$ scientific$ research$ or industrial channels$ by limiting the im!ortation and bulk manufacture of such controlled substances to a number of establishments which can !roduce an ade:uate and uninterru!ted su!!ly of these substances under ade:uately com!etiti"e conditions for legitimate medical$ scientific$ research$ and industrial !ur!oses; (#) com!liance with a!!licable State and local law; (%) !romotion of technical ad"ances in the art of manufacturing these substances and the de"elo!ment of new substances; (*) !rior con"iction record of a!!licant under .ederal and State laws relating to the manufacture$ distribution$ or dis!ensing of such substances; (,) !ast e5!erience in the manufacture of controlled substances$ and the e5istence in the establishment of effecti"e control against di"ersion; and (-) such other factors as may be rele"ant to and consistent with the !ublic health and safety. /%0 Distri%$tors o "ontrolle! s$%stan"es in s"he!$le I or II The Attorney @eneral shall register an a!!licant to distribute a controlled substance in schedule ' or '' unless he determines that the issuance of such registration is inconsistent with the !ublic interest. 'n determining the !ublic interest$ the following factors shall be considered: (1) maintenance of effecti"e control against di"ersion of !articular controlled substances into other than legitimate medical$ scientific$ and industrial channels; (#) com!liance with a!!licable State and local law; (%) !rior con"iction record of a!!licant under .ederal or State laws relating to the manufacture$ distribution$ or dis!ensing of such substances; (*) !ast e5!erience in the distribution of controlled substances; and (,) such other factors as may be rele"ant to and consistent with the !ublic health and safety. /"0 ,i4its o a$thori:e! a"ti2ities ?egistration granted under subsections (a) and (b) of this section shall not entitle a registrant to (1) manufacture or distribute controlled substances in schedule ' or '' other than those s!ecified in the registration$ or (#) manufacture any :uantity of those controlled substances in e5cess of the :uota assigned !ursuant to section 9#- of this title. /!0 ;an$ a"t$rers o "ontrolle! s$%stan"es in s"he!$le III5 IV5 or V The Attorney @eneral shall register an a!!licant to manufacture controlled substances in schedule '''$ '7$ or 7$ unless he determines that the issuance of such registration is inconsistent with the !ublic interest. 'n determining the !ublic interest$ the following factors shall be considered:

 (1) maintenance of effecti"e controls against di"ersion of !articular controlled substances and any controlled substance in schedule '''$ '7$ or 7 com!ounded therefrom into other than legitimate medical$ scientific$ or industrial channels; (#) com!liance with a!!licable State and local law; (%) !romotion of technical ad"ances in the art of manufacturing these substances and the de"elo!ment of new substances; (*) !rior con"iction record of a!!licant under .ederal or State laws relating to the manufacture$ distribution$ or dis!ensing of such substances; (,) !ast e5!erience in the manufacture$ distribution$ and dis!ensing of controlled substances$ and the e5istence in the establishment of effecti"e controls against di"ersion; and (-) such other factors as may be rele"ant to and consistent with the !ublic health and safety. /e0 Distri%$tors o "ontrolle! s$%stan"es in s"he!$le III5 IV5 or V The Attorney @eneral shall register an a!!licant to distribute controlled substances in schedule '''$ '7$ or 7$ unless he determines that the issuance of such registration is inconsistent with the !ublic interest. 'n determining the !ublic interest$ the following factors shall be considered: (1) maintenance of effecti"e controls against di"ersion of !articular controlled substances into other than legitimate medical$ scientific$ and industrial channels; (#) com!liance with a!!licable State and local law; (%) !rior con"iction record of a!!licant under .ederal or State laws relating to the manufacture$ distribution$ or dis!ensing of such substances; (*) !ast e5!erience in the distribution of controlled substances; and (,) such other factors as may be rele"ant to and consistent with the !ublic health and safety. / 0 Resear"h %' &ra"titioners- &har4a"ies- resear"h a&&li"ations- "onstr$"tion o Arti"le > o the Con2ention on Ps'"hotro&i" S$%stan"es The Attorney @eneral shall register !ractitioners (including !harmacies$ as distinguished from !harmacists) to dis!ense$ or conduct research with$ controlled substances in schedule ''$ '''$ '7$ or 7$ if the a!!licant is authori4ed to dis!ense$ or conduct research with res!ect to$ controlled substances under the laws of the State in which he !ractices. The Attorney @eneral may deny an a!!lication for such registration if he determines that the issuance of such registration would be inconsistent with the !ublic interest. 'n determining the !ublic interest$ the following factors shall be considered: (1) The recommendation of the a!!ro!riate State licensing board or !rofessional disci!linary authority. (#) The a!!licant's e5!erience in dis!ensing$ or conducting research with res!ect to controlled substances. (%) The a!!licant's con"iction record under .ederal or State laws relating to the manufacture$ distribution$ or dis!ensing of controlled substances. (*) Com!liance with a!!licable State$ .ederal$ or local laws relating to controlled substances. (,) Such other conduct which may threaten the !ublic health and safety. Se!arate registration under this !art for !ractitioners engaging in research with controlled substances in schedule ''$ '''$ '7$ or 7$ who are already registered under this

!art in another ca!acity$ shall not be re:uired. ?egistration a!!lications by !ractitioners wishing to conduct research with controlled substances in schedule ' shall be referred to the Secretary$ who shall determine the :ualifications and com!etency of each !ractitioner re:uesting registration$ as well as the merits of the research !rotocol. The Secretary$ in determining the merits of each research !rotocol$ shall consult with the Attorney @eneral as to effecti"e !rocedures to ade:uately safeguard against di"ersion of such controlled substances from legitimate medical or scientific use. ?egistration for the !ur!ose of bona fide research with controlled substances in schedule ' by a !ractitioner deemed :ualified by the Secretary may be denied by the Attorney @eneral only on a ground s!ecified in section 9#*(a) of this title. Article / of the Con"ention on 6sychotro!ic Substances shall not be construed to !rohibit$ or im!ose additional restrictions u!on$ research in"ol"ing drugs or other substances scheduled under the con"ention which is conducted in conformity with this subsection and other a!!licable !ro"isions of this subcha!ter. /g0 Pra"titioners !is&ensing nar"oti" !r$gs or nar"oti" treat4ent- ann$al registration- se&arate registration- 6$ali i"ations 6ractitioners who dis!ense narcotic drugs to indi"iduals for maintenance treatment or deto5ification treatment shall obtain annually a se!arate registration for that !ur!ose. The Attorney @eneral shall register an a!!licant to dis!ense narcotic drugs to indi"iduals for maintenance treatment or deto5ification treatment (or both) (1) if the a!!licant is a !ractitioner who is determined by the Secretary to be :ualified (under standards established by the Secretary) to engage in the treatment with res!ect to which registration is sought; (#) if the Attorney @eneral determines that the a!!licant will com!ly with standards established by the Attorney @eneral res!ecting (A) security of stocks of narcotic drugs for such treatment$ and ()) the maintenance of records (in accordance with section 9#/ of this title) on such drugs; and (%) if the Secretary determines that the a!!licant will com!ly with standards established by the Secretary (after consultation with the Attorney @eneral) res!ecting the :uantities of narcotic drugs which may be !ro"ided for unsu!er"ised use by indi"iduals in such treatment. /h0 A&&li"ants or !istri%$tion o list I "he4i"als The Attorney @eneral shall register an a!!licant to distribute a list ' chemical unless the Attorney @eneral determines that registration of the a!!licant is inconsistent with the !ublic interest. ?egistration under this subsection shall not be re:uired for the distribution of a drug !roduct that is e5em!ted under section 98#(%3)(A)(i") of this title. 'n determining the !ublic interest for the !ur!oses of this subsection$ the Attorney @eneral shall consider ( (1) maintenance by the a!!licant of effecti"e controls against di"ersion of listed chemicals into other than legitimate channels; (#) com!liance by the a!!licant with a!!licable .ederal$ State$ and local law; (%) any !rior con"iction record of the a!!licant under .ederal or State laws relating to controlled substances or to chemicals controlled under .ederal or State law; (*) any !ast e5!erience of the a!!licant in the manufacture and distribution of chemicals; and

 (,) such other factors as are rele"ant to and consistent with the !ublic health and safety. 8(<. Denial5 re2o"ation5 or s$s&ension o registration. /a0 1ro$n!s A registration !ursuant to section 9#% of this title to manufacture$ distribute$ or dis!ense a controlled substance or a list ' chemical may be sus!ended or re"oked by the Attorney @eneral u!on a finding that the registrant ( (1) has materially falsified any a!!lication filed !ursuant to or re:uired by this subcha!ter or subcha!ter '' of this cha!ter; (#) has been con"icted of a felony under this subcha!ter or subcha!ter '' of this cha!ter or any other law of the 0nited States$ or of any State$ relating to any substance defined in this subcha!ter as a controlled substance or a list ' chemical; (%) has had his State license or registration sus!ended$ re"oked$ or denied by com!etent State authority and is no longer authori4ed by State law to engage in the manufacturing$ distribution$ or dis!ensing of controlled substances or list ' chemicals or has had the sus!ension$ re"ocation$ or denial of his registration recommended by com!etent State authority; (*) has committed such acts as would render his registration under section 9#% of this title inconsistent with the !ublic interest as determined under such section; or (,) has been e5cluded (or directed to be e5cluded) from !artici!ation in a !rogram !ursuant to section 1%#8a(/(a) of title *#. A registration !ursuant to section 9#%(g) of this title to dis!ense a narcotic drug for maintenance treatment or deto5ification treatment may be sus!ended or re"oked by the Attorney @eneral u!on a finding that the registrant has failed to com!ly with any standard referred to in section 9#%(g) of this title. /%0 ,i4its o re2o"ation or s$s&ension The Attorney @eneral may limit re"ocation or sus!ension of a registration to the !articular controlled substance or list ' chemical with res!ect to which grounds for re"ocation or sus!ension e5ist. /"0 Ser2i"e o sho8 "a$se or!er- &ro"ee!ings )efore taking action !ursuant to this section$ or !ursuant to a denial of registration under section 9#% of this title$ the Attorney @eneral shall ser"e u!on the a!!licant or registrant an order to show cause why registration should not be denied$ re"oked$ or sus!ended. The order to show cause shall contain a statement of the basis thereof and shall call u!on the a!!licant or registrant to a!!ear before the Attorney @eneral at a time and !lace stated in the order$ but in no e"ent less than thirty days after the date of recei!t of the order. 6roceedings to deny$ re"oke$ or sus!end shall be conducted !ursuant to this section in accordance with subcha!ter '' of cha!ter , of title ,. Such !roceedings shall be inde!endent of$ and not in lieu of$ criminal !rosecutions or other !roceedings under this subcha!ter or any other law of the 0nited States. /!0 S$s&ension o registration in "ases o i44inent !anger The Attorney @eneral may$ in his discretion$ sus!end any registration simultaneously with the institution of !roceedings under this section$ in cases where he finds that there

is an imminent danger to the !ublic health or safety. A failure to com!ly with a standard referred to in section 9#%(g) of this title may be treated under this subsection as grounds for immediate sus!ension of a registration granted under such section. A sus!ension under this subsection shall continue in effect until the conclusion of such !roceedings$ including &udicial re"iew thereof$ unless sooner withdrawn by the Attorney @eneral or dissol"ed by a court of com!etent &urisdiction. /e0 S$s&ension an! re2o"ation o 6$otas The sus!ension or re"ocation of a registration under this section shall o!erate to sus!end or re"oke any :uota a!!licable under section 9#- of this title. / 0 Dis&osition o "ontrolle! s$%stan"es or list I "he4i"als 'n the e"ent the Attorney @eneral sus!ends or re"okes a registration granted under section 9#% of this title$ all controlled substances or list ' chemicals owned or !ossessed by the registrant !ursuant to such registration at the time of sus!ension or the effecti"e date of the re"ocation order$ as the case may be$ may$ in the discretion of the Attorney @eneral$ be !laced under seal. 1o dis!osition may be made of any controlled substances or list ' chemicals under seal until the time for taking an a!!eal has ela!sed or until all a!!eals ha"e been concluded e5ce!t that a court$ u!on a!!lication therefor$ may at any time order the sale of !erishable controlled substances or list ' chemicals. Any such order shall re:uire the de!osit of the !roceeds of the sale with the court. 0!on a re"ocation order becoming final$ all such controlled substances or list ' chemicals (or !roceeds of sale de!osited in court) shall be forfeited to the 0nited States; and the Attorney @eneral shall dis!ose of such controlled substances or list ' chemicals in accordance with section 991(e) of this title. All right$ title$ and interest in such controlled substances or list ' chemicals shall "est in the 0nited States u!on a re"ocation order becoming final. /g0 Sei:$re or &la"e4ent $n!er seal o "ontrolle! s$%stan"es or list I "he4i"als The Attorney @eneral may$ in his discretion$ sei4e or !lace under seal any controlled substances or list ' chemicals owned or !ossessed by a registrant whose registration has e5!ired or who has ceased to !ractice or do business in the manner contem!lated by his registration. Such controlled substances or list ' chemicals shall be held for the benefit of the registrant$ or his successor in interest. The Attorney @eneral shall notify a registrant$ or his successor in interest$ who has any controlled substance or list ' chemical sei4ed or !laced under seal of the !rocedures to be followed to secure the return of the controlled substance or list ' chemical and the conditions under which it will be returned. The Attorney @eneral may not dis!ose of any controlled substance or list ' chemical sei4ed or !laced under seal under this subsection until the e5!iration of one hundred and eighty days from the date such substance or chemical was sei4ed or !laced under seal. 8(?. ,a%eling an! &a"9aging. /a0 S'4%ol 't shall be unlawful to distribute a controlled substance in a commercial container unless such container$ when and as re:uired by regulations of the Attorney @eneral$ bears a label (as defined in section %#1(k) of this title) containing an identifying symbol for such substance in accordance with such regulations. A different symbol shall be re:uired for

each schedule of controlled substances. /%0 Unla8 $l !istri%$tion 8itho$t i!enti 'ing s'4%ol 't shall be unlawful for the manufacturer of any controlled substance to distribute such substance unless the labeling (as defined in section %#1(m) of this title) of such substance contains$ when and as re:uired by regulations of the Attorney @eneral$ the identifying symbol re:uired under subsection (a) of this section. /"0 =arning on la%el The Secretary shall !rescribe regulations under section %,%(b) of this title which shall !ro"ide that the label of a drug listed in schedule ''$ '''$ or '7 shall$ when dis!ensed to or for a !atient$ contain a clear$ concise warning that it is a crime to transfer the drug to any !erson other than the !atient. /!0 Containers to %e se"$rel' seale! 't shall be unlawful to distribute controlled substances in schedule ' or ''$ and narcotic drugs in schedule ''' or '7$ unless the bottle or other container$ sto!!er$ co"ering$ or wra!!er thereof is securely sealed as re:uired by regulations of the Attorney @eneral. 8(@. Pro!$"tion 6$otas or "ontrolle! s$%stan"es. /a0 .sta%lish4ent o total ann$al nee!s The Attorney @eneral shall determine the total :uantity and establish !roduction :uotas for each basic class of controlled substance in schedules ' and '' to be manufactured each calendar year to !ro"ide for the estimated medical$ scientific$ research$ and industrial needs of the 0nited States$ for lawful e5!ort re:uirements$ and for the establishment and maintenance of reser"e stocks. 6roduction :uotas shall be established in terms of :uantities of each basic class of controlled substance and not in terms of indi"idual !harmaceutical dosage forms !re!ared from or containing such a controlled substance. /%0 In!i2i!$al &ro!$"tion 6$otas- re2ise! 6$otas The Attorney @eneral shall limit or reduce indi"idual !roduction :uotas to the e5tent necessary to !re"ent the aggregate of indi"idual :uotas from e5ceeding the amount determined necessary each year by the Attorney @eneral under subsection (a) of this section. The :uota of each registered manufacturer for each basic class of controlled substance in schedule ' or '' shall be re"ised in the same !ro!ortion as the limitation or reduction of the aggregate of the :uotas. <owe"er$ if any registrant$ before the issuance of a limitation or reduction in :uota$ has manufactured in e5cess of his re"ised :uota$ the amount of the e5cess shall be subtracted from his :uota for the following year. /"0 ;an$ a"t$ring 6$otas or registere! 4an$ a"t$rers An or before Actober 1 of each year$ u!on a!!lication therefor by a registered manufacturer$ the Attorney @eneral shall fi5 a manufacturing :uota for the basic classes of controlled substances in schedules ' and '' that the manufacturer seeks to !roduce. The :uota shall be sub&ect to the !ro"isions of subsections (a) and (b) of this section. 'n fi5ing such :uotas$ the Attorney @eneral shall determine the manufacturer's estimated dis!osal$ in"entory$ and other re:uirements for the calendar year; and$ in making his determination$ the Attorney @eneral shall consider the manufacturer's current rate of dis!osal$ the trend of the national dis!osal rate during the !receding calendar year$ the

manufacturer's !roduction cycle and in"entory !osition$ the economic a"ailability of raw materials$ yield and stability !roblems$ emergencies such as strikes and fires$ and other factors. /!0 A$otas or registrants 8ho ha2e not 4an$ a"t$re! "ontrolle! s$%stan"e !$ring one or 4ore &re"e!ing 'ears The Attorney @eneral shall$ u!on a!!lication and sub&ect to the !ro"isions of subsections (a) and (b) of this section$ fi5 a :uota for a basic class of controlled substance in schedule ' or '' for any registrant who has not manufactured that basic class of controlled substance during one or more !receding calendar years. 'n fi5ing such :uota$ the Attorney @eneral shall take into account the registrant's reasonably antici!ated re:uirements for the current year; and$ in making his determination of such re:uirements$ he shall consider such factors s!ecified in subsection (c) of this section as may be rele"ant. /e0 A$ota in"reases At any time during the year any registrant who has a!!lied for or recei"ed a manufacturing :uota for a basic class of controlled substance in schedule ' or '' may a!!ly for an increase in that :uota to meet his estimated dis!osal$ in"entory$ and other re:uirements during the remainder of that year. 'n !assing u!on the a!!lication the Attorney @eneral shall take into consideration any occurrences since the filing of the registrant's initial :uota a!!lication that may re:uire an increased manufacturing rate by the registrant during the balance of the year. 'n !assing u!on the a!!lication the Attorney @eneral may also take into account the amount$ if any$ by which the determination of the Attorney @eneral under subsection (a) of this section e5ceeds the aggregate of the :uotas of all registrants under this section. / 0 In"i!ental &ro!$"tion e7"e&tion 1otwithstanding any other !ro"isions of this subcha!ter$ no registration or :uota may be re:uired for the manufacture of such :uantities of controlled substances in schedules ' and '' as incidentally and necessarily result from the manufacturing !rocess used for the manufacture of a controlled substance with res!ect to which its manufacturer is duly registered under this subcha!ter. The Attorney @eneral may$ by regulation$ !rescribe restrictions on the retention and dis!osal of such incidentally !roduced substances. 8(>. Re"or!s an! re&orts o registrants. /a0 In2entor' =5ce!t as !ro"ided in subsection (c) of this section ( (1) e"ery registrant under this subcha!ter shall$ on ay 1$ 13/1$ or as soon thereafter as such registrant first engages in the manufacture$ distribution$ or dis!ensing of controlled substances$ and e"ery second year thereafter$ make a com!lete and accurate record of all stocks thereof on hand$ e5ce!t that the regulations !rescribed under this section shall !ermit each such biennial in"entory (following the initial in"entory re:uired by this !aragra!h) to be !re!ared on such registrant's regular general !hysical in"entory date (if any) which is nearest to and does not "ary by more than si5 months from the biennial date that would otherwise a!!ly; (#) on the effecti"e date of each regulation of the Attorney @eneral controlling a

substance that immediately !rior to such date was not a controlled substance$ each registrant under this subcha!ter manufacturing$ distributing$ or dis!ensing such substance shall make a com!lete and accurate record of all stocks thereof on hand; and (%) on and after ay 1$ 13/1$ e"ery registrant under this subcha!ter manufacturing$ distributing$ or dis!ensing a controlled substance or substances shall maintain$ on a current basis$ a com!lete and accurate record of each such substance manufactured$ recei"ed$ sold$ deli"ered$ or otherwise dis!osed of by him$ e5ce!t that this !aragra!h shall not re:uire the maintenance of a !er!etual in"entory. /%0 A2aila%ilit' o re"or!s ="ery in"entory or other record re:uired under this section (1) shall be in accordance with$ and contain such rele"ant information as may be re:uired by$ regulations of the Attorney @eneral$ (#) shall (A) be maintained se!arately from all other records of the registrant$ or ()) alternati"ely$ in the case of nonnarcotic controlled substances$ be in such form that information re:uired by the Attorney @eneral is readily retrie"able from the ordinary business records of the registrant$ and (%) shall be ke!t and be a"ailable$ for at least two years$ for ins!ection and co!ying by officers or em!loyees of the 0nited States authori4ed by the Attorney @eneral. /"0 Nona&&li"a%ilit' The foregoing !ro"isions of this section shall not a!!ly ( (1) (A) to the !rescribing of controlled substances in schedule ''$ '''$ '7$ or 7 by !ractitioners acting in the lawful course of their !rofessional !ractice unless such substance is !rescribed in the course of maintenance or deto5ification treatment of an indi"idual; or ()) to the administering of a controlled substance in schedule ''$ '''$ '7$ or 7 unless the !ractitioner regularly engages in the dis!ensing or administering of controlled substances and charges his !atients$ either se!arately or together with charges for other !rofessional ser"ices$ for substances so dis!ensed or administered or unless such substance is administered in the course of maintenance treatment or deto5ification treatment of an indi"idual;

(#)

(A) to the use of controlled substances$ at establishments registered under this subcha!ter which kee! records with res!ect to such substances$ in research conducted in conformity with an e5em!tion granted under section %,,(i) or %-8b(&) of this title; ()) to the use of controlled substances$ at establishments registered under this subcha!ter which kee! records with res!ect to such substances$ in !reclinical research or in teaching; or (%) to the e5tent of any e5em!tion granted to any !erson$ with res!ect to all or !art of such !ro"isions$ by the Attorney @eneral by or !ursuant to regulation on the basis of a finding that the a!!lication of such !ro"isions (or !art thereof) to such !erson is not necessary for carrying out the !ur!oses of this subcha!ter. 1othing in the Con"ention on 6sychotro!ic Substances shall be construed as su!erseding or otherwise affecting the !ro"isions of !aragra!h (1)())$ (#)$ or (%)

of this subsection. /!0 Perio!i" re&orts to Attorne' 1eneral ="ery manufacturer registered under section 9#% of this title shall$ at such time or times and in such form as the Attorney @eneral may re:uire$ make !eriodic re!orts to the Attorney @eneral of e"ery sale$ deli"ery or other dis!osal by him of any controlled substance$ and each distributor shall make such re!orts with res!ect to narcotic controlled substances$ identifying by the registration number assigned under this subcha!ter the !erson or establishment (unless e5em!t from registration under section 9##(d) of this title) to whom such sale$ deli"ery$ or other dis!osal was made. /e0 Re&orting an! re"or!9ee&ing re6$ire4ents o !r$g "on2entions 'n addition to the re!orting and recordkee!ing re:uirements under any other !ro"ision of this subcha!ter$ each manufacturer registered under section 9#% of this title shall$ with res!ect to narcotic and nonnarcotic controlled substances manufactured by it$ make such re!orts to the Attorney @eneral$ and maintain such records$ as the Attorney @eneral may re:uire to enable the 0nited States to meet its obligations under articles 13 and #8 of the Single Con"ention on 1arcotic 2rugs and article 1- of the Con"ention on 6sychotro!ic Substances. The Attorney @eneral shall administer the re:uirements of this subsection in such a manner as to a"oid the unnecessary im!osition of du!licati"e re:uirements under this subcha!ter on manufacturers sub&ect to the re:uirements of this subsection. / 0 In2estigational $ses o !r$gs- &ro"e!$res ?egulations under sections %,,(i) and %-8(&) of this title$ relating to in"estigational use of drugs$ shall include such !rocedures as the Secretary$ after consultation with the Attorney @eneral$ determines are necessary to insure the security and accountability of controlled substances used in research to which such regulations a!!ly. /g0 Change o a!!ress ="ery registrant under this subcha!ter shall be re:uired to re!ort any change of !rofessional or business address in such manner as the Attorney @eneral shall by regulation re:uire. 8(8. Or!er or4s. /a0 Unla8 $l !istri%$tion o "ontrolle! s$%stan"es 't shall be unlawful for any !erson to distribute a controlled substance in schedule ' or '' to another e5ce!t in !ursuance of a written order of the !erson to whom such substance is distributed$ made on a form to be issued by the Attorney @eneral in blank in accordance with subsection (d) of this section and regulations !rescribed by him !ursuant to this section. /%0 Nona&&li"a%ilit' o &ro2isions 1othing in subsection (a) of this section shall a!!ly to ( (1) the e5!ortation of such substances from the 0nited States in conformity with subcha!ter '' of this cha!ter; (#) the deli"ery of such a substance to or by a common or contract carrier for carriage in the lawful and usual course of its business$ or to or by a warehouseman for storage in the lawful and usual course of its business; but where such carriage or

storage is in connection with the distribution by the owner of the substance to a third !erson$ this !aragra!h shall not relie"e the distributor from com!liance with subsection (a) of this section. /"0 Preser2ation an! a2aila%ilit' (1) ="ery !erson who in !ursuance of an order re:uired under subsection (a) of this section distributes a controlled substance shall !reser"e such order for a !eriod of two years$ and shall make such order a"ailable for ins!ection and co!ying by officers and em!loyees of the 0nited States duly authori4ed for that !ur!ose by the Attorney @eneral$ and by officers or em!loyees of States or their !olitical subdi"isions who are charged with the enforcement of State or local laws regulating the !roduction$ or regulating the distribution or dis!ensing$ of controlled substances and who are authori4ed under such laws to ins!ect such orders. (#) ="ery !erson who gi"es an order re:uired under subsection (a) of this section shall$ at or before the time of gi"ing such order$ make or cause to be made a du!licate thereof on a form to be issued by the Attorney @eneral in blank in accordance with subsection (d) of this section and regulations !rescribed by him !ursuant to this section$ and shall$ if such order is acce!ted$ !reser"e such du!licate for a !eriod of two years and make it a"ailable for ins!ection and co!ying by the officers and em!loyees mentioned in !aragra!h (1) of this subsection. /!0 Iss$an"e (1) The Attorney @eneral shall issue forms !ursuant to subsections (a) and (c) (#) of this section only to !ersons "alidly registered under section 9#% of this title (or e5em!ted from registration under section 9##(d) of this title). Fhene"er any such form is issued to a !erson$ the Attorney @eneral shall$ before deli"ery thereof$ insert therein the name of such !erson$ and it shall be unlawful for any other !erson (A) to use such form for the !ur!ose of obtaining controlled substances or ()) to furnish such form to any !erson with intent thereby to !rocure the distribution of such substances. (#) The Attorney @eneral may charge reasonable fees for the issuance of such forms in such amounts as he may !rescribe for the !ur!ose of co"ering the cost to the 0nited States of issuing such forms$ and other necessary acti"ities in connection therewith. /e0 Unla8 $l a"ts 't shall be unlawful for any !erson to obtain by means of order forms issued under this section controlled substances for any !ur!ose other than their use$ distribution$ dis!ensing$ or administration in the conduct of a lawful business in such substances or in the course of his !rofessional !ractice or research. 8(B. Pres"ri&tions. /a0 S"he!$le II s$%stan"es =5ce!t when dis!ensed directly by a !ractitioner$ other than a !harmacist$ to an ultimate user$ no controlled substance in schedule ''$ which is a !rescri!tion drug as determined under the .ederal .ood$ 2rug$ and Cosmetic Act (#1 0.S.C. %81 et se:.)$ may be dis!ensed without the written !rescri!tion of a !ractitioner$ e5ce!t that in emergency situations$ as !rescribed by the Secretary by regulation after consultation with the

Attorney @eneral$ such drug may be dis!ensed u!on oral !rescri!tion in accordance with section ,8%(b) of that Act (#1 0.S.C. %,%(b)). 6rescri!tions shall be retained in conformity with the re:uirements of section 9#/ of this title. 1o !rescri!tion for a controlled substance in schedule '' may be refilled. /%0 S"he!$le III an! IV s$%stan"es =5ce!t when dis!ensed directly by a !ractitioner$ other than a !harmacist$ to an ultimate user$ no controlled substance in schedule ''' or '7$ which is a !rescri!tion drug as determined under the .ederal .ood$ 2rug$ and Cosmetic Act (#1 0.S.C. %81 et se:.)$ may be dis!ensed without a written or oral !rescri!tion in conformity with section ,8%(b) of that Act (#1 0.S.C. %,%(b)). Such !rescri!tions may not be filled or refilled more than si5 months after the date thereof or be refilled more than fi"e times after the date of the !rescri!tion unless renewed by the !ractitioner. /"0 S"he!$le V s$%stan"es 1o controlled substance in schedule 7 which is a drug may be distributed or dis!ensed other than for a medical !ur!ose. /!0 Non-&res"ri&tion !r$gs 8ith a%$se &otential Fhene"er it a!!ears to the Attorney @eneral that a drug not considered to be a !rescri!tion drug under the .ederal .ood$ 2rug$ and Cosmetic Act (#1 0.S.C. %81 et se:.) should be so considered because of its abuse !otential$ he shall so ad"ise the Secretary and furnish to him all a"ailable data rele"ant thereto. 8)0. Reg$lation o liste! "he4i"als an! "ertain 4a"hines. /a0 Re"or! o reg$late! transa"tions (1) =ach regulated !erson who engages in a regulated transaction in"ol"ing a listed chemical$ a tableting machine$ or an enca!sulating machine shall kee! a record of the transaction ( (A) for * years after the date of the transaction$ if the listed chemical is a list ' chemical or if the transaction in"ol"es a tableting machine or an enca!sulating machine; and ()) for # years after the date of the transaction$ if the listed chemical is a list '' chemical. (#) A record under this subsection shall be retrie"able and shall include the date of the regulated transaction$ the identity of each !arty to the regulated transaction$ a statement of the :uantity and form of the listed chemical$ a descri!tion of the tableting machine or enca!sulating machine$ and a descri!tion of the method of transfer. Such record shall be a"ailable for ins!ection and co!ying by the Attorney @eneral. (%) 't is the duty of each regulated !erson who engages in a regulated transaction to identify each other !arty to the transaction. 't is the duty of such other !arty to !resent !roof of identity to the regulated !erson. The Attorney @eneral shall s!ecify by regulation the ty!es of documents and other e"idence that constitute !roof of identity for !ur!oses of this !aragra!h. /%0 Re&orts to Attorne' 1eneral (1) =ach regulated !erson shall re!ort to the Attorney @eneral$ in such form

and manner as the Attorney @eneral shall !rescribe by regulation ( (A) any regulated transaction in"ol"ing an e5traordinary :uantity of a listed chemical$ an uncommon method of !ayment or deli"ery$ or any other circumstance that the regulated !erson belie"es may indicate that the listed chemical will be used in "iolation of this subcha!ter; ()) any !ro!osed regulated transaction with a !erson whose descri!tion or other identifying characteristic the Attorney @eneral furnishes in ad"ance to the regulated !erson; (C) any unusual or e5cessi"e loss or disa!!earance of a listed chemical under the control of the regulated !erson; and (2) any regulated transaction in a tableting machine or an enca!sulating machine. =ach re!ort under sub!aragra!h (A) shall be made at the earliest !racticable o!!ortunity after the regulated !erson becomes aware of the circumstance in"ol"ed. A regulated !erson may not com!lete a transaction with a !erson whose descri!tion or identifying characteristic is furnished to the regulated !erson under sub!aragra!h ()) unless the transaction is a!!ro"ed by the Attorney @eneral. The Attorney @eneral shall make a"ailable to regulated !ersons guidance documents describing transactions and circumstances for which re!orts are re:uired under sub!aragra!h (A) and sub!aragra!h (C). (#) A regulated !erson that manufactures a listed chemical shall re!ort annually to the Attorney @eneral$ in such form and manner and containing such s!ecific data as the Attorney @eneral shall !rescribe by regulation$ information concerning listed chemicals manufactured by the !erson. The re:uirement of the !receding sentence shall not a!!ly to the manufacture of a drug !roduct that is e5em!ted under section 98#(%3)(A)(i") of this title. /"0 Con i!entialit' o in or4ation o%taine! %' Attorne' 1eneral- non-!is"los$ree7"e&tions (1) =5ce!t as !ro"ided in !aragra!h (#)$ any information obtained by the Attorney @eneral under this section which is e5em!t from disclosure under section ,,#(a) of title ,$ by reason of section ,,#(b)(*) of such title$ is confidential and may not be disclosed to any !erson. (#) 'nformation referred to in !aragra!h (1) may be disclosed only ( (A) to an officer or em!loyee of the 0nited States engaged in carrying out this subcha!ter$ subcha!ter '' of this cha!ter$ or the customs laws; ()) when rele"ant in any in"estigation or !roceeding for the enforcement of this subcha!ter$ subcha!ter '' of this cha!ter$ or the customs laws; (C) when necessary to com!ly with an obligation of the 0nited States under a treaty or other international agreement; or (2) to a State or local official or em!loyee in con&unction with the enforcement of controlled substances laws or chemical control laws.

(%) The Attorney @eneral shall ( (A) take such action as may be necessary to !re"ent unauthori4ed disclosure of information by any !erson to whom such information is disclosed under !aragra!h (#); and ()) issue guidelines that limit$ to the ma5imum e5tent feasible$ the disclosure of !ro!rietary business information$ including the names or identities of 0nited States e5!orters of listed chemicals$ to any !erson to whom such information is disclosed under !aragra!h (#). (*) Any !erson who is aggrie"ed by a disclosure of information in "iolation of this section may bring a ci"il action against the "iolator for a!!ro!riate relief. (,) 1otwithstanding !aragra!h (*)$ a ci"il action may not be brought under such !aragra!h against in"estigati"e or law enforcement !ersonnel of the 2rug =nforcement Administration.

?eturn to to!

PART D - O33.NS.S AND P.NA,TI.S

8<1. Prohi%ite! a"ts A. /a0 Unla8 $l a"ts =5ce!t as authori4ed by this subcha!ter$ it shall be unlawful for any !erson knowingly or intentionally ( (1) to manufacture$ distribute$ or dis!ense$ or !ossess with intent to manufacture$ distribute$ or dis!ense$ a controlled substance; or (#) to create$ distribute$ or dis!ense$ or !ossess with intent to distribute or dis!ense$ a counterfeit substance. /%0 Penalties =5ce!t as otherwise !ro"ided in section 9*3$ 9,3$ 9-8$ or 9-1 of this title$ any !erson who "iolates subsection (a) of this section shall be sentenced as follows: (1) (A) 'n the case of a "iolation of subsection (a) of this section in"ol"ing ( (i) 1 kilogram or more of a mi5ture or substance containing a detectable amount of heroin; (ii) , kilograms or more of a mi5ture or substance containing a detectable amount of ( (') coca lea"es$ e5ce!t coca lea"es and e5tracts of coca lea"es from which cocaine$ ecgonine$ and deri"ati"es of ecgonine or their salts ha"e been remo"ed; ('') cocaine$ its salts$ o!tical and geometric isomers$ and salts of isomers; (''') ecgonine$ its deri"ati"es$ their salts$ isomers$ and salts of isomers; or ('7) any com!ound$ mi5ture$ or !re!aration which contains any

:uantity of any of the substances referred to in subclauses (') through ('''); (iii) ,8 grams or more of a mi5ture or substance described in clause (ii) which contains cocaine base; (i") 188 grams or more of !hencyclidine (6C6) or 1 kilogram or more of a mi5ture or substance containing a detectable amount of !hencyclidine (6C6); (") 18 grams or more of a mi5ture or substance containing a detectable amount of lysergic acid diethylamide (+S2); ("i) *88 grams or more of a mi5ture or substance containing a detectable amount of 1(!henyl(1( ( 1( ( #(!henylethyl ) (*( !i!eridinyl ) !ro!anamide or 188 grams or more of a mi5ture or substance containing a detectable amount of any analogue of 1( !heny !ro!anamide; ("ii) 1888 kilograms or more of a mi5ture or substance containing a detectable amount of marihuana$ or 1$888 or more marihuana !lants regardless of weight; or ("iii) 188 grams or more of metham!hetamine$ its salts$ isomers$ and salts of its isomers or 1 kilogram or more of a mi5ture or substance containing a detectable amount of metham!hetamine$ its salts$ isomers$ or salts of its isomers; such !erson shall be sentenced to a term of im!risonment which may not be less than 18 years or more than life and if death or serious bodily in&ury results from the use of such substance shall be not less than #8 years or more than life$ a fine not to e5ceed the greater of that authori4ed in accordance with the !ro"isions of title 19 or H*$888$888 if the defendant is an indi"idual or H18$888$888 if the defendant is other than an indi"idual$ or both. 'f any !erson commits such a "iolation after a !rior con"iction for a felony drug offense has become final$ such !erson shall be sentenced to a term of im!risonment which may not be less than #8 years and not more than life im!risonment and if death or serious bodily in&ury results from the use of such substance shall be sentenced to life im!risonment$ a fine not to e5ceed the greater of twice that authori4ed in accordance with the !ro"isions of title 19 or H9$888$888 if the defendant is an indi"idual or H#8$888$888 if the defendant is other than an indi"idual$ or both. 'f any !erson commits a "iolation of this sub!aragra!h or of section 9*3$ 9,3$ 9-8$ or 9-1 of this title after two or more !rior con"ictions for a felony drug offense ha"e become final$ such !erson shall be sentenced to a mandatory term of life im!risonment without release and fined in accordance with the !receding sentence. Any sentence under this sub!aragra!h shall$ in the absence of such a !rior con"iction$ im!ose a term of su!er"ised release of at least , years in addition to such term of im!risonment and shall$ if there was such a !rior con"iction$ im!ose a term of su!er"ised release of at least 18 years in addition to such term of im!risonment. 1otwithstanding any other !ro"ision of law$ the court shall not !lace on !robation or sus!end the sentence of any !erson sentenced

under this sub!aragra!h. 1o !erson sentenced under this sub!aragra!h shall be eligible for !arole during the term of im!risonment im!osed therein. ()) 'n the case of a "iolation of subsection (a) of this section in"ol"ing ( (i) 188 grams or more of a mi5ture or substance containing a detectable amount of heroin; (ii) ,88 grams or more of a mi5ture or substance containing a detectable amount of ( (') coca lea"es$ e5ce!t coca lea"es and e5tracts of coca lea"es from which cocaine$ ecgonine$ and deri"ati"es of ecgonine or their salts ha"e been remo"ed; ('') cocaine$ its salts$ o!tical and geometric isomers$ and salts of isomers; (''') ecgonine$ its deri"ati"es$ their salts$ isomers$ and salts of isomers; or ('7) any com!ound$ mi5ture$ or !re!aration which contains any :uantity of any of the substances referred to in subclauses (') through ('''); (iii) , grams or more of a mi5ture or substance described in clause (ii) which contains cocaine base; (i") 18 grams or more of !hencyclidine (6C6) or 188 grams or more of a mi5ture or substance containing a detectable amount of !hencyclidine (6C6); (") 1 gram or more of a mi5ture or substance containing a detectable amount of lysergic acid diethylamide (+S2); ("i) *8 grams or more of a mi5ture or substance containing a detectable amount of 1(!henyl(1( ( 1( ( #(!henylethyl ) (*(!i!eridinyl ) !ro!anamide or 18 grams or more of a mi5ture or substance containing a detectable amount of any analogue of 1(!heny !ro!anamide; ("ii) 188 kilograms or more of a mi5ture or substance containing a detectable amount of marihuana$ or 188 or more marihuana !lants regardless of weight; or ("iii) 18 grams or more of metham!hetamine$ its salts$ isomers$ and salts of its isomers or 188 grams or more of a mi5ture or substance containing a detectable amount of metham!hetamine$ its salts$ isomers$ or salts of its isomers; such !erson shall be sentenced to a term of im!risonment which may not be less than , years and not more than *8 years and if death or serious bodily in&ury results from the use of such substance shall be not less than #8 years or more than life$ a fine not to e5ceed the greater of that authori4ed in accordance with the !ro"isions of title 19 or H#$888$888 if the defendant is an indi"idual or H,$888$888 if the defendant is other than an indi"idual$ or both. 'f any !erson commits such a "iolation after a !rior con"iction for a felony drug offense has become final$ such !erson shall be sentenced to a term of im!risonment which may not be less than 18

years and not more than life im!risonment and if death or serious bodily in&ury results from the use of such substance shall be sentenced to life im!risonment$ a fine not to e5ceed the greater of twice that authori4ed in accordance with the !ro"isions of title 19 or H*$888$888 if the defendant is an indi"idual or H18$888$888 if the defendant is other than an indi"idual$ or both. Any sentence im!osed under this sub!aragra!h shall$ in the absence of such a !rior con"iction$ include a term of su!er"ised release of at least * years in addition to such term of im!risonment and shall$ if there was such a !rior con"iction$ include a term of su!er"ised release of at least 9 years in addition to such term of im!risonment. 1otwithstanding any other !ro"ision of law$ the court shall not !lace on !robation or sus!end the sentence of any !erson sentenced under this sub!aragra!h. 1o !erson sentenced under this sub!aragra!h shall be eligible for !arole during the term of im!risonment im!osed therein. (C) 'n the case of a controlled substance in schedule ' or '' e5ce!t as !ro"ided in sub!aragra!hs (A)$ ())$ and (2)$ such !erson shall be sentenced to a term of im!risonment of not more than #8 years and if death or serious bodily in&ury results from the use of such substance shall be sentenced to a term of im!risonment of not less than twenty years or more than life$ a fine not to e5ceed the greater of that authori4ed in accordance with the !ro"isions of title 19 or H1$888$888 if the defendant is an indi"idual or H,$888$888 if the defendant is other than an indi"idual$ or both. 'f any !erson commits such a "iolation after a !rior con"iction for a felony drug offense has become final$ such !erson shall be sentenced to a term of im!risonment of not more than %8 years and if death or serious bodily in&ury results from the use of such substance shall be sentenced to life im!risonment$ a fine not to e5ceed the greater of twice that authori4ed in accordance with the !ro"isions of title 19 or H#$888$888 if the defendant is an indi"idual or H18$888$888 if the defendant is other than an indi"idual$ or both. Any sentence im!osing a term of im!risonment under this !aragra!h shall$ in the absence of such a !rior con"iction$ im!ose a term of su!er"ised release of at least % years in addition to such term of im!risonment and shall$ if there was such a !rior con"iction$ im!ose a term of su!er"ised release of at least - years in addition to such term of im!risonment. 1otwithstanding any other !ro"ision of law$ the court shall not !lace on !robation or sus!end the sentence of any !erson sentenced under the !ro"isions of this sub!aragra!h which !ro"ide for a mandatory term of im!risonment if death or serious bodily in&ury results$ nor shall a !erson so sentenced be eligible for !arole during the term of such a sentence. (2) 'n the case of less than ,8 kilograms of marihuana$ e5ce!t in the case of ,8 or more marihuana !lants regardless of weight$ 18 kilograms of hashish$ or one kilogram of hashish oil or in the case of any controlled substance in schedule '''$ such !erson shall$ e5ce!t as !ro"ided in !aragra!hs (*) and (,) of this subsection$ be sentenced to a term of im!risonment of not more than , years$ a fine not to e5ceed the greater of

that authori4ed in accordance with the !ro"isions of title 19 or H#,8$888 if the defendant is an indi"idual or H1$888$888 if the defendant is other than an indi"idual$ or both. 'f any !erson commits such a "iolation after a !rior con"iction for a felony drug offense has become final$ such !erson shall be sentenced to a term of im!risonment of not more than 18 years$ a fine not to e5ceed the greater of twice that authori4ed in accordance with the !ro"isions of title 19 or H,88$888 if the defendant is an indi"idual or H#$888$888 if the defendant is other than an indi"idual$ or both. Any sentence im!osing a term of im!risonment under this !aragra!h shall$ in the absence of such a !rior con"iction$ im!ose a term of su!er"ised release of at least # years in addition to such term of im!risonment and shall$ if there was such a !rior con"iction$ im!ose a term of su!er"ised release of at least * years in addition to such term of im!risonment. (#) 'n the case of a controlled substance in schedule '7$ such !erson shall be sentenced to a term of im!risonment of not more than % years$ a fine not to e5ceed the greater of that authori4ed in accordance with the !ro"isions of title 19 or H#,8$888 if the defendant is an indi"idual or H1$888$888 if the defendant is other than an indi"idual$ or both. 'f any !erson commits such a "iolation after one or more !rior con"ictions of him for an offense !unishable under this !aragra!h$ or for a felony under any other !ro"ision of this subcha!ter or subcha!ter '' of this cha!ter or other law of a State$ the 0nited States$ or a foreign country relating to narcotic drugs$ marihuana$ or de!ressant or stimulant substances$ ha"e become final$ such !erson shall be sentenced to a term of im!risonment of not more than - years$ a fine not to e5ceed the greater of twice that authori4ed in accordance with the !ro"isions of title 19 or H,88$888 if the defendant is an indi"idual or H#$888$888 if the defendant is other than an indi"idual$ or both. Any sentence im!osing a term of im!risonment under this !aragra!h shall$ in the absence of such a !rior con"iction$ im!ose a term of su!er"ised release of at least one year in addition to such term of im!risonment and shall$ if there was such a !rior con"iction$ im!ose a term of su!er"ised release of at least # years in addition to such term of im!risonment. (%) 'n the case of a controlled substance in schedule 7$ such !erson shall be sentenced to a term of im!risonment of not more than one year$ a fine not to e5ceed the greater of that authori4ed in accordance with the !ro"isions of title 19 or H188$888 if the defendant is an indi"idual or H#,8$888 if the defendant is other than an indi"idual$ or both. 'f any !erson commits such a "iolation after one or more con"ictions of him for an offense !unishable under this !aragra!h$ or for a crime under any other !ro"ision of this subcha!ter or subcha!ter '' of this cha!ter or other law of a State$ the 0nited States$ or a foreign country relating to narcotic drugs$ marihuana$ or de!ressant or stimulant substances$ ha"e become final$ such !erson shall be sentenced to a term of im!risonment of not more than # years$ a fine not to e5ceed the greater of twice that authori4ed in accordance with the !ro"isions of title 19 or H#88$888 if the defendant is an indi"idual or H,88$888 if the defendant is other than an indi"idual$ or both. (*) 1otwithstanding !aragra!h (1)(2) of this subsection$ any !erson who "iolates subsection (a) of this section by distributing a small amount of marihuana for no

remuneration shall be treated as !ro"ided in section 9** of this title and section %-8/ of title 19. (,) Any !erson who "iolates subsection (a) of this section by culti"ating a controlled substance on .ederal !ro!erty shall be im!risoned as !ro"ided in this subsection and shall be fined any amount not to e5ceed ( (A) the amount authori4ed in accordance with this section; ()) the amount authori4ed in accordance with the !ro"isions of title 19; (C) H,88$888 if the defendant is an indi"idual; or (2) H1$888$888 if the defendant is other than an indi"idual; or both. (-) Any !erson who "iolates subsection (a) of this section$ or attem!ts to do so$ and knowingly or intentionally uses a !oison$ chemical$ or other ha4ardous substance on .ederal land$ and$ by such use ( (A) creates a serious ha4ard to humans$ wildlife$ or domestic animals$ ()) degrades or harms the en"ironment or natural resources$ or (C) !ollutes an a:uifer$ s!ring$ stream$ ri"er$ or body of water$ shall be fined in accordance with title 19 or im!risoned not more than fi"e years$ or both. /"0 Re&eale!. P$%. ,. B8-<>)5 title II5 Se". ((</a0/(05 or4erl' Se". ((</a0/@05 O"t. 1(5 1B8<5 B8 Stat. (0)05 as ren$4%ere! %' P$%. ,. BB-?>05 title I5 Se". 100?/a0 /(05 O"t. (>5 1B8@5 100 Stat. )(0>-@ /!0 O enses in2ol2ing liste! "he4i"als Any !erson who knowingly or intentionally ( (1) !ossesses a listed chemical with intent to manufacture a controlled substance e5ce!t as authori4ed by this subcha!ter; (#) !ossesses or distributes a listed chemical knowing$ or ha"ing reasonable cause to belie"e$ that the listed chemical will be used to manufacture a controlled substance e5ce!t as authori4ed by this subcha!ter; or (%) with the intent of causing the e"asion of the recordkee!ing or re!orting re:uirements of section 9%8 of this title$ or the regulations issued under that section$ recei"es or distributes a re!ortable amount of any listed chemical in units small enough so that the making of records or filing of re!orts under that section is not re:uired; shall be fined in accordance with title 19 or im!risoned not more than 18 years$ or both. /e0 *oo%'tra&s on 3e!eral &ro&ert'- &enalties- CC%oo%'tra&CC !e ine! (1) Any !erson who assembles$ maintains$ !laces$ or causes to be !laced a boobytra! on .ederal !ro!erty where a controlled substance is being manufactured$ distributed$ or dis!ensed shall be sentenced to a term of im!risonment for not more than 18 years and shall be fined not more than H18$888. (#) 'f any !erson commits such a "iolation after 1 or more !rior con"ictions for an offense !unishable under this subsection$ such !erson shall be sentenced to a term of im!risonment of not more than #8 years and shall be fined not more than H#8$888. (%) .or the !ur!oses of this subsection$ the term ''boobytra!'' means any concealed or camouflaged de"ice designed to cause bodily in&ury when triggered by any action of any unsus!ecting !erson making contact with the de"ice. Such term includes guns$ ammunition$ or e5!losi"e de"ices

attached to tri! wires or other triggering mechanisms$ shar!ened stakes$ and lines or wires with hooks attached. / 0 Ten-'ear inD$n"tion as a!!itional &enalt' 'n addition to any other a!!licable !enalty$ any !erson con"icted of a felony "iolation of this section relating to the recei!t$ distribution$ or im!ortation of a listed chemical may be en&oined from engaging in any regulated transaction in"ol"ing a listed chemical for not more than ten years. /g0 =rong $l !istri%$tion or &ossession o liste! "he4i"als (1) Fhoe"er knowingly distributes a listed chemical in "iolation of this subcha!ter (other than in "iolation of a recordkee!ing or re!orting re:uirement of section 9%8 of this title) shall be fined under title 19 or im!risoned not more than , years$ or both. (#) Fhoe"er !ossesses any listed chemical$ with knowledge that the recordkee!ing or re!orting re:uirements of section 9%8 of this title ha"e not been adhered to$ if$ after such knowledge is ac:uired$ such !erson does not take immediate ste!s to remedy the "iolation shall be fined under title 19 or im!risoned not more than one year$ or both. 8<(. Prohi%ite! a"ts *. /a0 Unla8 $l a"ts 't shall be unlawful for any !erson ( (1) who is sub&ect to the re:uirements of !art C to distribute or dis!ense a controlled substance in "iolation of section 9#3 of this title; (#) who is a registrant to distribute or dis!ense a controlled substance not authori4ed by his registration to another registrant or other authori4ed !erson or to manufacture a controlled substance not authori4ed by his registration; (%) who is a registrant to distribute a controlled substance in "iolation of section 9#, of this title; (*) to remo"e$ alter$ or obliterate a symbol or label re:uired by section 9#, of this title; (,) to refuse or fail to make$ kee!$ or furnish any record$ re!ort$ notification$ declaration$ order or order form$ statement$ in"oice$ or information re:uired under this subcha!ter or subcha!ter '' of this cha!ter; (-) to refuse any entry into any !remises or ins!ection authori4ed by this subcha!ter or subcha!ter '' of this cha!ter; (/) to remo"e$ break$ in&ure$ or deface a seal !laced u!on controlled substances !ursuant to section 9#*(f) or 991 of this title or to remo"e or dis!ose of substances so !laced under seal; (9) to use$ to his own ad"antage$ or to re"eal$ other than to duly authori4ed officers or em!loyees of the 0nited States$ or to the courts when rele"ant in any &udicial !roceeding under this subcha!ter or subcha!ter '' of this cha!ter$ any information ac:uired in the course of an ins!ection authori4ed by this subcha!ter concerning any method or !rocess which as a trade secret is entitled to !rotection$ or to use to his own ad"antage or re"eal (other than as authori4ed by section 9%8 of this title) any information that is confidential under such section; (3) who is a regulated !erson to engage in a regulated transaction without obtaining the identification re:uired by 9%8(a)(%) of this title; or

 (18) to fail to kee! a record or make a re!ort under section 9%8 of this title. /%0 ;an$ a"t$re 't shall be unlawful for any !erson who is a registrant to manufacture a controlled substance in schedule ' or '' which is ( (1) not e5!ressly authori4ed by his registration and by a :uota assigned to him !ursuant to section 9#- of this title; or (#) in e5cess of a :uota assigned to him !ursuant to section 9#- of this title. /"0 Penalties (1) =5ce!t as !ro"ided in !aragra!h (#)$ any !erson who "iolates this section shall$ with res!ect to any such "iolation$ be sub&ect to a ci"il !enalty of not more than H#,$888. The district courts of the 0nited States (or$ where there is no such court in the case of any territory or !ossession of the 0nited States$ then the court in such territory or !ossession ha"ing the &urisdiction of a district court of the 0nited States in cases arising under the Constitution and laws of the 0nited States) shall ha"e &urisdiction in accordance with section 1%,, of title #9 to enforce this !aragra!h. (#) (A) 'f a "iolation of this section is !rosecuted by an information or indictment which alleges that the "iolation was committed knowingly and the trier of fact s!ecifically finds that the "iolation was so committed$ such !erson shall$ e5ce!t as otherwise !ro"ided in sub!aragra!h ()) of this !aragra!h$ be sentenced to im!risonment of not more than one year or a fine of not more than H#,$888$ or both. ()) 'f a "iolation referred to in sub!aragra!h (A) was committed after one or more !rior con"ictions of the offender for an offense !unishable under this !aragra!h (#)$ or for a crime under any other !ro"ision of this subcha!ter or subcha!ter '' of this cha!ter or other law of the 0nited States relating to narcotic drugs$ marihuana$ or de!ressant or stimulant substances$ ha"e become final$ such !erson shall be sentenced to a term of im!risonment of not more than # years$ a fine of H,8$888$ or both. (%) =5ce!t under the conditions s!ecified in !aragra!h (#) of this subsection$ a "iolation of this section does not constitute a crime$ and a &udgment for the 0nited States and im!osition of a ci"il !enalty !ursuant to !aragra!h (1) shall not gi"e rise to any disability or legal disad"antage based on con"iction for a criminal offense. 8<). Prohi%ite! a"ts C. /a0 Unla8 $l a"ts 't shall be unlawful for any !erson knowingly or intentionally ( (1) who is a registrant to distribute a controlled substance classified in schedule ' or ''$ in the course of his legitimate business$ e5ce!t !ursuant to an order or an order form as re:uired by section 9#9 of this title; (#) to use in the course of the manufacture$ distribution$ or dis!ensing of a controlled substance$ or to use for the !ur!ose of ac:uiring or obtaining a controlled

substance$ a registration number which is fictitious$ re"oked$ sus!ended$ e5!ired$ or issued to another !erson; (%) to ac:uire or obtain !ossession of a controlled substance by misre!resentation$ fraud$ forgery$ dece!tion$ or subterfuge; (*) (A) to furnish false or fraudulent material information in$ or omit any material information from$ any a!!lication$ re!ort$ record$ or other document re:uired to be made$ ke!t$ or filed under this subcha!ter or subcha!ter '' of this cha!ter$ or ()) to !resent false or fraudulent identification where the !erson is recei"ing or !urchasing a listed chemical and the !erson is re:uired to !resent identification under section 9%8(a) of this title; (,) to make$ distribute$ or !ossess any !unch$ die$ !late$ stone$ or other thing designed to !rint$ im!rint$ or re!roduce the trademark$ trade name$ or other identifying mark$ im!rint$ or de"ice of another or any likeness of any of the foregoing u!on any drug or container or labeling thereof so as to render such drug a counterfeit substance; (-) to !ossess any three(neck round(bottom flask$ tableting machine$ enca!sulating machine$ or gelatin ca!sule$ or any e:ui!ment$ chemical$ !roduct$ or material which may be used to manufacture a controlled substance or listed chemical$ knowing$ intending$ or ha"ing reasonable cause to belie"e$ that it will be used to manufacture a controlled substance or listed chemical in "iolation of this subcha!ter or subcha!ter '' of this cha!ter; (/) to manufacture$ distribute$ e5!ort$ or im!ort any three(neck round(bottom flask$ tableting machine$ enca!sulating machine$ or gelatin ca!sule$ or any e:ui!ment$ chemical$ !roduct$ or material which may be used to manufacture a controlled substance or listed chemical$ knowing$ intending$ or ha"ing reasonable cause to belie"e$ that it will be used to manufacture a controlled substance or listed chemical in "iolation of this subcha!ter or subcha!ter '' of this cha!ter or$ in the case of an e5!ortation$ in "iolation of this subcha!ter or subcha!ter '' of this cha!ter or of the laws of the country to which it is e5!orted; (9) to create a chemical mi5ture for the !ur!ose of e"ading a re:uirement of section 9%8 of this title or to recei"e a chemical mi5ture created for that !ur!ose; or (3) to distribute$ im!ort$ or e5!ort a list ' chemical without the registration re:uired by this subcha!ter or subcha!ter '' of this cha!ter. /%0 Co44$ni"ation a"ilit' 't shall be unlawful for any !erson knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under any !ro"ision of this subcha!ter or subcha!ter '' of this cha!ter. =ach se!arate use of a communication facility shall be a se!arate offense under this subsection. .or !ur!oses of this subsection$ the term ''communication facility'' means any and all !ublic and !ri"ate instrumentalities used or useful in the transmission of writing$ signs$ signals$ !ictures$ or sounds of all kinds and includes mail$ tele!hone$ wire$ radio$ and all other means of communication. /"0 A!2ertise4ent 't shall be unlawful for any !erson to !lace in any news!a!er$ maga4ine$ handbill$ or

other !ublications$ any written ad"ertisement knowing that it has the !ur!ose of seeking or offering illegally to recei"e$ buy$ or distribute a Schedule (.AAT1AT= 1) ' controlled substance. As used in this section the term ''ad"ertisement'' includes$ in addition to its ordinary meaning$ such ad"ertisements as those for a catalog of Schedule (.AAT1AT= 1) ' controlled substances and any similar written ad"ertisement that has the !ur!ose of seeking or offering illegally to recei"e$ buy$ or distribute a Schedule (.AAT1AT= 1) ' controlled substance. The term ''ad"ertisement'' does not include material which merely ad"ocates the use of a similar material$ which ad"ocates a !osition or !ractice$ and does not attem!t to !ro!ose or facilitate an actual transaction in a Schedule (.AAT1AT= 1) ' controlled substance. (.AAT1AT= 1) So in original. 6robably should not be ca!itali4ed. /!0 Penalties Any !erson who "iolates this section shall be sentenced to a term of im!risonment of not more than * years$ a fine of not more than H%8$888$ or both; e5ce!t that if any !erson commits such a "iolation after one or more !rior con"ictions of him for "iolation of this section$ or for a felony under any other !ro"ision of this subcha!ter or subcha!ter '' of this cha!ter or other law of the 0nited States relating to narcotic drugs$ marihuana$ or de!ressant or stimulant substances$ ha"e become final$ such !erson shall be sentenced to a term of im!risonment of not more than 9 years$ a fine of not more than H-8$888$ or both. /e0 A!!itional &enalties 'n addition to any other a!!licable !enalty$ any !erson con"icted of a felony "iolation of this section relating to the recei!t$ distribution$ or im!ortation of a listed chemical may be en&oined from engaging in any regulated transaction in"ol"ing a listed chemical for not more than ten years. 8<<. Penalties or si4&le &ossession. /a0 Unla8 $l a"ts- &enalties 't shall be unlawful for any !erson knowingly or intentionally to !ossess a controlled substance unless such substance was obtained directly$ or !ursuant to a "alid !rescri!tion or order$ from a !ractitioner$ while acting in the course of his !rofessional !ractice$ or e5ce!t as otherwise authori4ed by this subcha!ter or subcha!ter '' of this cha!ter. Any !erson who "iolates this subsection may be sentenced to a term of im!risonment of not more than 1 year$ and shall be fined a minimum of H1$888$ or both$ e5ce!t that if he commits such offense after a !rior con"iction under this subcha!ter or subcha!ter '' of this cha!ter$ or a !rior con"iction for any drug or narcotic offense chargeable under the law of any State$ has become final$ he shall be sentenced to a term of im!risonment for not less than 1, days but not more than # years$ and shall be fined a minimum of H#$,88$ e5ce!t$ further$ that if he commits such offense after two or more !rior con"ictions under this subcha!ter or subcha!ter '' of this cha!ter$ or two or more !rior con"ictions for any drug or narcotic offense chargeable under the law of any State$ or a combination of two or more such offenses ha"e become final$ he shall be sentenced to a term of im!risonment for not less than 38 days but not more than % years$ and shall be fined a minimum of H,$888. 1otwithstanding the !receding sentence$ a !erson con"icted under this subsection for the !ossession of a mi5ture or substance which contains cocaine base shall be im!risoned not less than , years and

not more than #8 years$ and fined a minimum of H1$888$ if the con"iction is a first con"iction under this subsection and the amount of the mi5ture or substance e5ceeds , grams$ if the con"iction is after a !rior con"iction for the !ossession of such a mi5ture or substance under this subsection becomes final and the amount of the mi5ture or substance e5ceeds % grams$ or if the con"iction is after # or more !rior con"ictions for the !ossession of such a mi5ture or substance under this subsection become final and the amount of the mi5ture or substance e5ceeds 1 gram. The im!osition or e5ecution of a minimum sentence re:uired to be im!osed under this subsection shall not be sus!ended or deferred. .urther$ u!on con"iction$ a !erson who "iolates this subsection shall be fined the reasonable costs of the in"estigation and !rosecution of the offense$ including the costs of !rosecution of an offense as defined in sections 1319 and 13#8 of title #9$ e5ce!t that this sentence shall not a!!ly and a fine under this section need not be im!osed if the court determines under the !ro"ision of title 19 that the defendant lacks the ability to !ay. /%0 Re&eale!. P$%. ,. B8-<>)5 title II5 Se". (1B/a05 O"t. 1(5 1B8<5 B8 Stat. (0(> /"0 CCDr$g or nar"oti" o enseCC !e ine! As used in this section$ the term ''drug or narcotic offense'' means any offense which !roscribes the !ossession$ distribution$ manufacture$ culti"ation$ sale$ transfer$ or the attem!t or cons!iracy to !ossess$ distribute$ manufacture$ culti"ate$ sell or transfer any substance the !ossession of which is !rohibited under this subcha!ter. 8<<a. Ci2il &enalt' or &ossession o s4all a4o$nts o "ertain "ontrolle! s$%stan"es. /a0 In general Any indi"idual who knowingly !ossesses a controlled substance that is listed in section 9*1(b)(1)(A) of this title in "iolation of section 9** of this title in an amount that$ as s!ecified by regulation of the Attorney @eneral$ is a !ersonal use amount shall be liable to the 0nited States for a ci"il !enalty in an amount not to e5ceed H18$888 for each such "iolation. /%0 In"o4e an! net assets The income and net assets of an indi"idual shall not be rele"ant to the determination whether to assess a ci"il !enalty under this section or to !rosecute the indi"idual criminally. <owe"er$ in determining the amount of a !enalty under this section$ the income and net assets of an indi"idual shall be considered. /"0 Prior "on2i"tion A ci"il !enalty may not be assessed under this section if the indi"idual !re"iously was con"icted of a .ederal or State offense relating to a controlled substance. /!0 ,i4itation on n$4%er o assess4ents A ci"il !enalty may not be assessed on an indi"idual under this section on more than two se!arate occasions. /e0 Assess4ent A ci"il !enalty under this section may be assessed by the Attorney @eneral only by an order made on the record after o!!ortunity for a hearing in accordance with section ,,* of title ,. The Attorney @eneral shall !ro"ide written notice to the indi"idual who is the

sub&ect of the !ro!osed order informing the indi"idual of the o!!ortunity to recei"e such a hearing with res!ect to the !ro!osed order. The hearing may be held only if the indi"idual makes a re:uest for the hearing before the e5!iration of the %8(day !eriod beginning on the date such notice is issued. / 0 Co4&ro4ise The Attorney @eneral may com!romise$ modify$ or remit$ with or without conditions$ any ci"il !enalty im!osed under this section. /g0 E$!i"ial re2ie8 'f the Attorney @eneral issues an order !ursuant to subsection (e) of this section after a hearing described in such subsection$ the indi"idual who is the sub&ect of the order may$ before the e5!iration of the %8(day !eriod beginning on the date the order is issued$ bring a ci"il action in the a!!ro!riate district court of the 0nited States. 'n such action$ the law and the facts of the "iolation and the assessment of the ci"il !enalty shall be determined de no"o$ and shall include the right of a trial by &ury$ the right to counsel$ and the right to confront witnesses. The facts of the "iolation shall be !ro"ed beyond a reasonable doubt. /h0 Ci2il a"tion 'f an indi"idual does not re:uest a hearing !ursuant to subsection (e) of this section and the Attorney @eneral issues an order !ursuant to such subsection$ or if an indi"idual does not under subsection (g) of this section seek &udicial re"iew of such an order$ the Attorney @eneral may commence a ci"il action in any a!!ro!riate district court of the 0nited States for the !ur!ose of reco"ering the amount assessed and an amount re!resenting interest at a rate com!uted in accordance with section 13-1 of title #9. Such interest shall accrue from the e5!iration of the %8(day !eriod described in subsection (g) of this section. 'n such an action$ the decision of the Attorney @eneral to issue the order$ and the amount of the !enalty assessed by the Attorney @eneral$ shall not be sub&ect to re"iew. /i0 ,i4itation The Attorney @eneral may not under this subsection (.AAT1AT= 1) commence !roceeding against an indi"idual after the e5!iration of the ,(year !eriod beginning on the date on which the indi"idual allegedly "iolated subsection (a) of this section. (.AAT1AT= 1) So in original. 6robably should be ''section''. /D0 .7&$nge4ent &ro"e!$res The Attorney @eneral shall dismiss the !roceedings under this section against an indi"idual u!on a!!lication of such indi"idual at any time after the e5!iration of % years if ( (1) the indi"idual has not !re"iously been assessed a ci"il !enalty under this section; (#) the indi"idual has !aid the assessment; (%) the indi"idual has com!lied with any conditions im!osed by the Attorney @eneral; (*) the indi"idual has not been con"icted of a .ederal or State offense relating to a controlled substance; and (,) the indi"idual agrees to submit to a drug test$ and such test shows the indi"idual to be drug free. A non!ublic record of a dis!osition under this subsection shall be retained by the

2e!artment of >ustice solely for the !ur!ose of determining in any subse:uent !roceeding whether the !erson :ualified for a ci"il !enalty or e5!ungement under this section. 'f a record is e5!unged under this subsection$ an indi"idual concerning whom such an e5!ungement has been made shall not be held thereafter under any !ro"ision of law to be guilty of !er&ury$ false swearing$ or making a false statement by reason of his failure to recite or acknowledge a !roceeding under this section or the results thereof in res!onse to an in:uiry made of him for any !ur!ose. 8<? to 8<?%. Trans erre!. 8<@. Atte4&t an! "ons&ira"'. Any !erson who attem!ts or cons!ires to commit any offense defined in this subcha!ter shall be sub&ect to the same !enalties as those !rescribed for the offense$ the commission of which was the ob&ect of the attem!t or cons!iracy. 8<>. A!!itional &enalties. Any !enalty im!osed for "iolation of this subcha!ter shall be in addition to$ and not in lieu of$ any ci"il or administrati"e !enalty or sanction authori4ed by law. 8<8. Contin$ing "ri4inal enter&rise. /a0 Penalties- or eit$res Any !erson who engages in a continuing criminal enter!rise shall be sentenced to a term of im!risonment which may not be less than #8 years and which may be u! to life im!risonment$ to a fine not to e5ceed the greater of that authori4ed in accordance with the !ro"isions of title 19 or H#$888$888 if the defendant is an indi"idual or H,$888$888 if the defendant is other than an indi"idual$ and to the forfeiture !rescribed in section 9,% of this title; e5ce!t that if any !erson engages in such acti"ity after one or more !rior con"ictions of him under this section ha"e become final$ he shall be sentenced to a term of im!risonment which may not be less than %8 years and which may be u! to life im!risonment$ to a fine not to e5ceed the greater of twice the amount authori4ed in accordance with the !ro"isions of title 19 or H*$888$888 if the defendant is an indi"idual or H18$888$888 if the defendant is other than an indi"idual$ and to the forfeiture !rescribed in section 9,% of this title. /%0 ,i e i4&rison4ent or engaging in "ontin$ing "ri4inal enter&rise Any !erson who engages in a continuing criminal enter!rise shall be im!risoned for life and fined in accordance with subsection (a) of this section$ if ( (1) such !erson is the !rinci!al administrator$ organi4er$ or leader of the enter!rise or is one of se"eral such !rinci!al administrators$ organi4ers$ or leaders; and (#) (A) the "iolation referred to in subsection (c)(1) of this section in"ol"ed at least %88 times the :uantity of a substance described in subsection 9*1(b)(1) ()) of this title$ or ()) the enter!rise$ or any other enter!rise in which the defendant was the !rinci!al or one of se"eral !rinci!al administrators$ organi4ers$ or leaders$ recei"ed H18 million dollars in gross recei!ts during any twel"e(month !eriod of its e5istence for the manufacture$ im!ortation$ or distribution of a substance described in section 9*1(b)(1)()) of this title.

 /"0 CCContin$ing "ri4inal enter&riseCC !e ine! .or !ur!oses of subsection (a) of this section$ a !erson is engaged in a continuing criminal enter!rise if ( (1) he "iolates any !ro"ision of this subcha!ter or subcha!ter '' of this cha!ter the !unishment for which is a felony$ and (#) such "iolation is a !art of a continuing series of "iolations of this subcha!ter or subcha!ter '' of this cha!ter ( (A) which are undertaken by such !erson in concert with fi"e or more other !ersons with res!ect to whom such !erson occu!ies a !osition of organi4er$ a su!er"isory !osition$ or any other !osition of management$ and ()) from which such !erson obtains substantial income or resources. /!0 S$s&ension o senten"e an! &ro%ation &rohi%ite! 'n the case of any sentence im!osed under this section$ im!osition or e5ecution of such sentence shall not be sus!ended$ !robation shall not be granted$ and the Act of >uly 1,$ 13%# (2.C. Code$ secs. #*(#8% ( #*(#8/)$ shall not a!!ly. /e0 Death &enalt' (1) 'n addition to the other !enalties set forth in this section ( (A) any !erson engaging in or working in furtherance of a continuing criminal enter!rise$ or any !erson engaging in an offense !unishable under section 9*1(b)(1)(A) of this title or section 3-8(b) (1) of this title who intentionally kills or counsels$ commands$ induces$ !rocures$ or causes the intentional killing of an indi"idual and such killing results$ shall be sentenced to any term of im!risonment$ which shall not be less than #8 years$ and which may be u! to life im!risonment$ or may be sentenced to death; and ()) any !erson$ during the commission of$ in furtherance of$ or while attem!ting to a"oid a!!rehension$ !rosecution or ser"ice of a !rison sentence for$ a felony "iolation of this subcha!ter or subcha!ter '' of this cha!ter who intentionally kills or counsels$ commands$ induces$ !rocures$ or causes the intentional killing of any .ederal$ State$ or local law enforcement officer engaged in$ or on account of$ the !erformance of such officer's official duties and such killing results$ shall be sentenced to any term of im!risonment$ which shall not be less than #8 years$ and which may be u! to life im!risonment$ or may be sentenced to death. (#) As used in !aragra!h (1)(b)$ (.AAT1AT= 1) the term ''law enforcement officer'' means a !ublic ser"ant authori4ed by law or by a @o"ernment agency or Congress to conduct or engage in the !re"ention$ in"estigation$ !rosecution or ad&udication of an offense$ and includes those engaged in corrections$ !robation$ or !arole functions. (.AAT1AT= 1) So in original. 6robably should be !aragra!h ''(1)())$''. (g) (.AAT1AT= #) <earing re:uired with res!ect to death !enalty (.AAT1AT= #) So in original. Section does not contain a subsec. / 05 see 1B88 A4en!4ent note %elo8. /g0 +earing re6$ire! 8ith res&e"t to the !eath &enalt'.

A !erson shall be sub&ected to the !enalty of death for any offense under this section only if a hearing is held in accordance with this section. /h0 Noti"e %' 1o2ern4ent in !eath &enalt' "ases (1) Fhene"er the @o"ernment intends to seek the death !enalty for an offense under this section for which one of the sentences !ro"ided is death$ the attorney for the @o"ernment$ a reasonable time before trial or acce!tance by the court of a !lea of guilty$ shall sign and file with the court$ and ser"e u!on the defendant$ a notice ( (A) that the @o"ernment in the e"ent of con"iction will seek the sentence of death; and ()) setting forth the aggra"ating factors enumerated in subsection (n) of this section and any other aggra"ating factors which the @o"ernment will seek to !ro"e as the basis for the death !enalty. (#) The court may !ermit the attorney for the @o"ernment to amend this notice for good cause shown. /i0 +earing %e ore "o$rt or D$r' (1) Fhen the attorney for the @o"ernment has filed a notice as re:uired under subsection (h) of this section and the defendant is found guilty of or !leads guilty to an offense under subsection (e) of this section$ the &udge who !resided at the trial or before whom the guilty !lea was entered$ or any other &udge if the &udge who !resided at the trial or before whom the guilty !lea was entered is una"ailable$ shall conduct a se!arate sentencing hearing to determine the !unishment to be im!osed. The hearing shall be conducted ( (A) before the &ury which determined the defendant's guilt; ()) before a &ury im!aneled for the !ur!ose of the hearing if ( (i) the defendant was con"icted u!on a !lea of guilty; (ii) the defendant was con"icted after a trial before the court sitting without a &ury; (iii) the &ury which determined the defendant's guilt has been discharged for good cause; or (i") after initial im!osition of a sentence under this section$ redetermination of the sentence under this section is necessary; or (C) before the court alone$ u!on the motion of the defendant and with the a!!ro"al of the @o"ernment. (#) A &ury im!aneled under !aragra!h (1)()) shall consist of 1# members$ unless$ at any time before the conclusion of the hearing$ the !arties sti!ulate with the a!!ro"al of the court that it shall consist of any number less than 1#. /D0 Proo o aggra2ating an! 4itigating a"tors 1otwithstanding rule %#(c) of the .ederal ?ules of Criminal 6rocedure$ when a defendant is found guilty of or !leads guilty to an offense under subsection (e) of this section$ no !resentence re!ort shall be !re!ared. 'n the sentencing hearing$ information may be !resented as to matters relating to any of the aggra"ating or mitigating factors set forth in subsections (m) and (n) of this section$ or any other mitigating factor or any

other aggra"ating factor for which notice has been !ro"ided under subsection (h)(1)()) of this section. Fhere information is !resented relating to any of the aggra"ating factors set forth in subsection (n) of this section$ information may be !resented relating to any other aggra"ating factor for which notice has been !ro"ided under subsection (h)(1)()) of this section. 'nformation !resented may include the trial transcri!t and e5hibits if the hearing is held before a &ury or &udge not !resent during the trial$ or at the trial &udge's discretion. Any other information rele"ant to such mitigating or aggra"ating factors may be !resented by either the @o"ernment or the defendant$ regardless of its admissibility under the rules go"erning admission of e"idence at criminal trials$ e5ce!t that information may be e5cluded if its !robati"e "alue is substantially outweighed by the danger of unfair !re&udice$ confusion of the issues$ or misleading the &ury. The @o"ernment and the defendant shall be !ermitted to rebut any information recei"ed at the hearing and shall be gi"en fair o!!ortunity to !resent argument as to the ade:uacy of the information to establish the e5istence of any of the aggra"ating or mitigating factors and as to a!!ro!riateness in that case of im!osing a sentence of death. The @o"ernment shall o!en the argument. The defendant shall be !ermitted to re!ly. The @o"ernment shall then be !ermitted to re!ly in rebuttal. The burden of establishing the e5istence of any aggra"ating factor is on the @o"ernment$ and is not satisfied unless established beyond a reasonable doubt. The burden of establishing the e5istence of any mitigating factor is on the defendant$ and is not satisfied unless established by a !re!onderance of the e"idence. /90 Ret$rn o in!ings The &ury$ or if there is no &ury$ the court$ shall consider all the information recei"ed during the hearing. 't shall return s!ecial findings identifying any aggra"ating factors set forth in subsection (n) of this section$ found to e5ist. 'f one of the aggra"ating factors set forth in subsection (n)(1) of this section and another of the aggra"ating factors set forth in !aragra!hs (#) through (1#) of subsection (n) of this section is found to e5ist$ a s!ecial finding identifying any other aggra"ating factor for which notice has been !ro"ided under subsection (h)(1)()) of this section$ may be returned. A finding with res!ect to a mitigating factor may be made by one or more of the members of the &ury$ and any member of the &ury who finds the e5istence of a mitigating factor may consider such a factor established for !ur!oses of this subsection$ regardless of the number of &urors who concur that the factor has been established. A finding with res!ect to any aggra"ating factor must be unanimous. 'f an aggra"ating factor set forth in subsection (n)(1) of this section is not found to e5ist or an aggra"ating factor set forth in subsection (n)(1) of this section is found to e5ist but no other aggra"ating factor set forth in subsection (n) of this section is found to e5ist$ the court shall im!ose a sentence$ other than death$ authori4ed by law. 'f an aggra"ating factor set forth in subsection (n)(1) of this section and one or more of the other aggra"ating factors set forth in subsection (n) of this section are found to e5ist$ the &ury$ or if there is no &ury$ the court$ shall then consider whether the aggra"ating factors found to e5ist sufficiently outweigh any mitigating factor or factors found to e5ist$ or in the absence of mitigating factors$ whether the aggra"ating factors are themsel"es sufficient to &ustify a sentence of death. )ased u!on this consideration$ the &ury by unanimous "ote$ or if there is no &ury$ the court$ shall recommend that a sentence of death shall be im!osed rather than a sentence of life im!risonment without !ossibility of release or some other lesser

sentence. The &ury or the court$ regardless of its findings with res!ect to aggra"ating and mitigating factors$ is ne"er re:uired to im!ose a death sentence and the &ury shall be so instructed. /l0 I4&osition o senten"e 0!on the recommendation that the sentence of death be im!osed$ the court shall sentence the defendant to death. Atherwise the court shall im!ose a sentence$ other than death$ authori4ed by law. A sentence of death shall not be carried out u!on a !erson who is under 19 years of age at the time the crime was committed. A sentence of death shall not be carried out u!on a !erson who is mentally retarded. A sentence of death shall not be carried out u!on a !erson who$ as a result of mental disability ( (1) cannot understand the nature of the !ending !roceedings$ what such !erson was tried for$ the reason for the !unishment$ or the nature of the !unishment; or (#) lacks the ca!acity to recogni4e or understand facts which would make the !unishment un&ust or unlawful$ or lacks the ability to con"ey such information to counsel or to the court. /40 ;itigating a"tors 'n determining whether a sentence of death is to be im!osed on a defendant$ the finder of fact shall consider mitigating factors$ including the following: (1) The defendant's ca!acity to a!!reciate the wrongfulness of the defendant's conduct or to conform conduct to the re:uirements of law was significantly im!aired$ regardless of whether the ca!acity was so im!aired as to constitute a defense to the charge. (#) The defendant was under unusual and substantial duress$ regardless of whether the duress was of such a degree as to constitute a defense to the charge. (%) The defendant is !unishable as a !rinci!al (as defined in section # of title 19) in the offense$ which was committed by another$ but the defendant's !artici!ation was relati"ely minor$ regardless of whether the !artici!ation was so minor as to constitute a defense to the charge. (*) The defendant could not reasonably ha"e foreseen that the defendant's conduct in the course of the commission of murder$ or other offense resulting in death for which the defendant was con"icted$ would cause$ or would create a gra"e risk of causing$ death to any !erson. (,) The defendant was youthful$ although not under the age of 19. (-) The defendant did not ha"e a significant !rior criminal record. (/) The defendant committed the offense under se"ere mental or emotional disturbance. (9) Another defendant or defendants$ e:ually cul!able in the crime$ will not be !unished by death. (3) The "ictim consented to the criminal conduct that resulted in the "ictim's death. (18) That other factors in the defendant's background or character mitigate against im!osition of the death sentence. /n0 Aggra2ating a"tors or ho4i"i!e 'f the defendant is found guilty of or !leads guilty to an offense under subsection (e) of this section$ the following aggra"ating factors are the only aggra"ating factors that shall be considered$ unless notice of additional aggra"ating factors is !ro"ided under

subsection (h)(1)()) of this section: (1) The defendant ( (A) intentionally killed the "ictim; ()) intentionally inflicted serious bodily in&ury which resulted in the death of the "ictim; (C) intentionally engaged in conduct intending that the "ictim be killed or that lethal force be em!loyed against the "ictim$ which resulted in the death of the "ictim; (2) intentionally engaged in conduct which ( (i) the defendant knew would create a gra"e risk of death to a !erson$ other than one of the !artici!ants in the offense; and (ii) resulted in the death of the "ictim. (#) The defendant has been con"icted of another .ederal offense$ or a State offense resulting in the death of a !erson$ for which a sentence of life im!risonment or a sentence of death was authori4ed by statute. (%) The defendant has !re"iously been con"icted of two or more State or .ederal offenses !unishable by a term of im!risonment of more than one year$ committed on different occasions$ in"ol"ing the infliction of$ or attem!ted infliction of$ serious bodily in&ury u!on another !erson. (*) The defendant has !re"iously been con"icted of two or more State or .ederal offenses !unishable by a term of im!risonment of more than one year$ committed on different occasions$ in"ol"ing the distribution of a controlled substance. (,) 'n the commission of the offense or in esca!ing a!!rehension for a "iolation of subsection (e) of this section$ the defendant knowingly created a gra"e risk of death to one or more !ersons in addition to the "ictims of the offense. (-) The defendant !rocured the commission of the offense by !ayment$ or !romise of !ayment$ of anything of !ecuniary "alue. (/) The defendant committed the offense as consideration for the recei!t$ or in the e5!ectation of the recei!t$ of anything of !ecuniary "alue. (9) The defendant committed the offense after substantial !lanning and !remeditation. (3) The "ictim was !articularly "ulnerable due to old age$ youth$ or infirmity. (18) The defendant had !re"iously been con"icted of "iolating this subcha!ter or subcha!ter '' of this cha!ter for which a sentence of fi"e or more years may be im!osed or had !re"iously been con"icted of engaging in a continuing criminal enter!rise. (11) The "iolation of this subcha!ter in relation to which the conduct described in subsection (e) of this section occurred was a "iolation of section 9,3 of this title. (1#) The defendant committed the offense in an es!ecially heinous$ cruel$ or de!ra"ed manner in that it in"ol"ed torture or serious !hysical abuse to the "ictim. /o0 Right o !e en!ant to D$sti"e 8itho$t !is"ri4ination (1) 'n any hearing held before a &ury under this section$ the court shall instruct the &ury that in its consideration of whether the sentence of death is &ustified it shall not consider the race$ color$ religious beliefs$ national origin$ or se5 of the defendant or the "ictim$ and that the &ury is not to recommend a sentence of death unless it has concluded that it would

recommend a sentence of death for the crime in :uestion no matter what the race$ color$ religious beliefs$ national origin$ or se5 of the defendant$ or the "ictim$ may be. The &ury shall return to the court a certificate signed by each &uror that consideration of the race$ color$ religious beliefs$ national origin$ or se5 of the defendant or the "ictim was not in"ol"ed in reaching his or her indi"idual decision$ and that the indi"idual &uror would ha"e made the same recommendation regarding a sentence for the crime in :uestion no matter what the race$ color$ religious beliefs$ national origin$ or se5 of the defendant$ or the "ictim$ may be. (#) 1ot later than one year from 1o"ember 19$ 1399$ the Com!troller @eneral shall conduct a study of the "arious !rocedures used by the se"eral States for determining whether or not to im!ose the death !enalty in !articular cases$ and shall re!ort to the Congress on whether or not any or all of the "arious !rocedures create a significant risk that the race of a defendant$ or the race of a "ictim against whom a crime was committed$ influence the likelihood that defendants in those States will be sentenced to death. 'n conducting the study re:uired by this !aragra!h$ the @eneral Accounting Affice shall ( (A) use ordinary methods of statistical analysis$ including methods com!arable to those ruled admissible by the courts in race discrimination cases under title 7'' of the Ci"il ?ights Act of 13-* (*# 0.S.C. #888e et se:.); ()) study only crimes occurring after >anuary 1$ 13/-; and (C) determine what$ if any$ other factors$ including any relation between any aggra"ating or mitigating factors and the race of the "ictim or the defendant$ may account for any e"idence that the race of the defendant$ or the race of the "ictim$ influences the likelihood that defendants will be sentenced to death. 'n addition$ the @eneral Accounting Affice shall e5amine se!arately and include in the re!ort$ death !enalty cases in"ol"ing crimes similar to those co"ered under this section. /&0 Senten"ing in "a&ital "ases in 8hi"h !eath &enalt' is not so$ght or i4&ose! 'f a !erson is con"icted for an offense under subsection (e) of this section and the court does not im!ose the !enalty of death$ the court may im!ose a sentence of life im!risonment without the !ossibility of !arole. /60 A&&eal in "a&ital "ases- "o$nsel or inan"iall' $na%le !e en!ants (1) 'n any case in which the sentence of death is im!osed under this section$ the sentence of death shall be sub&ect to re"iew by the court of a!!eals u!on a!!eal by the defendant. 1otice of a!!eal must be filed within the time !rescribed for a!!eal of &udgment in section #18/ of title #9. An a!!eal under this section may be consolidated with an a!!eal of the &udgment of con"iction. Such re"iew shall ha"e !riority o"er all other cases. (#) An re"iew of the sentence$ the court of a!!eals shall consider the record$ the e"idence submitted during the trial$ the information submitted during the sentencing hearing$ the !rocedures em!loyed in the sentencing

hearing$ and the s!ecial findings returned under this section. (%) The court shall affirm the sentence if it determines that ( (A) the sentence of death was not im!osed under the influence of !assion$ !re&udice$ or any other arbitrary factor; and ()) the information su!!orts the s!ecial finding of the e5istence of e"ery aggra"ating factor u!on which the sentence was based$ together with$ or the failure to find$ any mitigating factors as set forth or allowed in this section. 'n all other cases the court shall remand the case for reconsideration under this section. The court of a!!eals shall state in writing the reasons for its dis!osition of the re"iew of the sentence. (*) (A) 1otwithstanding any other !ro"ision of law to the contrary$ in e"ery criminal action in which a defendant is charged with a crime which may be !unishable by death$ a defendant who is or becomes financially unable to obtain ade:uate re!resentation or in"estigati"e$ e5!ert$ or other reasonably necessary ser"ices at any time either ( (i) before &udgment; or (ii) after the entry of a &udgment im!osing a sentence of death but before the e5ecution of that &udgment; shall be entitled to the a!!ointment of one or more attorneys and the furnishing of such other ser"ices in accordance with !aragra!hs (,)$ (-)$ (/)$ (9)$ and (3). ()) 'n any !ost con"iction !roceeding under section ##,* or ##,, of title #9 seeking to "acate or set aside a death sentence$ any defendant who is or becomes financially unable to obtain ade:uate re!resentation or in"estigati"e$ e5!ert$ or other reasonably necessary ser"ices shall be entitled to the a!!ointment of one or more attorneys and the furnishing of such other ser"ices in accordance with !aragra!hs (,)$ (-)$ (/)$ (9)$ and (3). (,) 'f the a!!ointment is made before &udgment$ at least one attorney so a!!ointed must ha"e been admitted to !ractice in the court in which the !rosecution is to be tried for not less than fi"e years$ and must ha"e had not less than three years e5!erience in the actual trial of felony !rosecutions in that court. (-) 'f the a!!ointment is made after &udgment$ at least one attorney so a!!ointed must ha"e been admitted to !ractice in the court of a!!eals for not less than fi"e years$ and must ha"e had not less than three years e5!erience in the handling of a!!eals in that court in felony cases. (/) Fith res!ect to !aragra!hs (,) and (-)$ the court$ for good cause$ may a!!oint another attorney whose background$ knowledge$ or e5!erience would otherwise enable him or her to !ro!erly re!resent the defendant$ with due consideration to the seriousness of the !ossible !enalty and to the uni:ue and com!le5 nature of the litigation. (9) 0nless re!laced by similarly :ualified counsel u!on the attorney's own

motion or u!on motion of the defendant$ each attorney so a!!ointed shall re!resent the defendant throughout e"ery subse:uent stage of a"ailable &udicial !roceedings$ including !retrial !roceedings$ trial$ sentencing$ motions for new trial$ a!!eals$ a!!lications for writ of certiorari to the Su!reme Court of the 0nited States$ and all a"ailable !ost(con"iction !rocess$ together with a!!lications for stays of e5ecution and other a!!ro!riate motions and !rocedures$ and shall also re!resent the defendant in such com!etency !roceedings and !roceedings for e5ecuti"e or other clemency as may be a"ailable to the defendant. (3) 0!on a finding in e5 !arte !roceedings that in"estigati"e$ e5!ert or other ser"ices are reasonably necessary for the re!resentation of the defendant$ whether in connection with issues relating to guilt or sentence$ the court shall authori4e the defendant's attorneys to obtain such ser"ices on behalf of the defendant and shall order the !ayment of fees and e5!enses therefore$ under !aragra!h (18). 0!on a finding that timely !rocurement of such ser"ices could not !racticably await !rior authori4ation$ the court may authori4e the !ro"ision of and !ayment for such ser"ices nunc !ro tunc. (18) 1otwithstanding the rates and ma5imum limits generally a!!licable to criminal cases and any other !ro"ision of law to the contrary$ the court shall fi5 the com!ensation to be !aid to attorneys a!!ointed under this subsection and the fees and e5!enses to be !aid for in"estigati"e$ e5!ert$ and other reasonably necessary ser"ices authori4ed under !aragra!h (3)$ at such rates or amounts as the court determines to be reasonably necessary to carry out the re:uirements of !aragra!hs (*) through (3). /r0 Re $sal to &arti"i&ate %' State an! 3e!eral "orre"tional e4&lo'ees 1o em!loyee of any State de!artment of corrections or the .ederal )ureau of 6risons and no em!loyee !ro"iding ser"ices to that de!artment or bureau under contract shall be re:uired$ as a condition of that em!loyment$ or contractual obligation to be in attendance at or to !artici!ate in any e5ecution carried out under this section if such !artici!ation is contrary to the moral or religious con"ictions of the em!loyee. .or !ur!oses of this subsection$ the term ''!artici!ation in e5ecutions'' includes !ersonal !re!aration of the condemned indi"idual and the a!!aratus used for e5ecution and su!er"ision of the acti"ities of other !ersonnel in carrying out such acti"ities. 8<B. Trans&ortation sa et' o enses. /a0 De initions 'n this section ( ''safety rest area'' means a roadside facility with !arking facilities for the rest or other needs of motorists. ''truck sto!'' means a facility (including any !arking lot a!!urtenant thereto) that ( (A) has the ca!acity to !ro"ide fuel or ser"ice$ or both$ to any commercial motor "ehicle (as defined in section %1%81 of title *3)$ o!erating in commerce (as defined in that section); and ()) is located within #$,88 feet of the 1ational System of 'nterstate and 2efense <ighways or the .ederal(Aid 6rimary System. /%0 3irst o ense A !erson who "iolates section 9*1(a)(1) of this title or section 9,- of this title by

distributing or !ossessing with intent to distribute a controlled substance in or on$ or within 1$888 feet of$ a truck sto! or safety rest area is (e5ce!t as !ro"ided in subsection (b) (.AAT1AT= 1) of this section) sub&ect to ( (.AAT1AT= 1) So in original. 6robably should be subsection ''(c)''. (1) twice the ma5imum !unishment authori4ed by section 9*1(b) of this title; and (#) twice any term of su!er"ised release authori4ed by section 9*1(b) of this title for a first offense. /"0 S$%se6$ent o ense A !erson who "iolates section 9*1(a)(1) of this title or section 9,- of this title by distributing or !ossessing with intent to distribute a controlled substance in or on$ or within 1$888 feet of$ a truck sto! or a safety rest area after a !rior con"iction or con"ictions under subsection (a) (.AAT1AT= #) of this section ha"e become final is sub&ect to ( (.AAT1AT= #) So in original. 6robably should be subsection ''(b)''. (1) % times the ma5imum !unishment authori4ed by section 9*1(b) of this title; and (#) % times any term of su!er"ised release authori4ed by section 9*1(b) of this title for a first offense. 8?0. In or4ation or senten"ing. =5ce!t as otherwise !ro"ided in this subcha!ter or section #*#a(a) of title *#$ no limitation shall be !laced on the information concerning the background$ character$ and conduct of a !erson con"icted of an offense which a court of the 0nited States may recei"e and consider for the !ur!ose of im!osing an a!!ro!riate sentence under this subcha!ter or subcha!ter '' of this cha!ter. 8?1. Pro"ee!ings to esta%lish &rior "on2i"tions. /a0 In or4ation ile! %' Unite! States Attorne' (1) 1o !erson who stands con"icted of an offense under this !art shall be sentenced to increased !unishment by reason of one or more !rior con"ictions$ unless before trial$ or before entry of a !lea of guilty$ the 0nited States attorney files an information with the court (and ser"es a co!y of such information on the !erson or counsel for the !erson) stating in writing the !re"ious con"ictions to be relied u!on. 0!on a showing by the 0nited States attorney that facts regarding !rior con"ictions could not with due diligence be obtained !rior to trial or before entry of a !lea of guilty$ the court may !ost!one the trial or the taking of the !lea of guilty for a reasonable !eriod for the !ur!ose of obtaining such facts. Clerical mistakes in the information may be amended at any time !rior to the !ronouncement of sentence. (#) An information may not be filed under this section if the increased !unishment which may be im!osed is im!risonment for a term in e5cess of three years unless the !erson either wai"ed or was afforded !rosecution by indictment for the offense for which such increased !unishment may be im!osed. /%0 A ir4ation or !enial o &re2io$s "on2i"tion 'f the 0nited States attorney files an information under this section$ the court shall after con"iction but before !ronouncement of sentence in:uire of the !erson with res!ect to

whom the information was filed whether he affirms or denies that he has been !re"iously con"icted as alleged in the information$ and shall inform him that any challenge to a !rior con"iction which is not made before sentence is im!osed may not thereafter be raised to attack the sentence. /"0 Denial- 8ritten res&onse- hearing (1) 'f the !erson denies any allegation of the information of !rior con"iction$ or claims that any con"iction alleged is in"alid$ he shall file a written res!onse to the information. A co!y of the res!onse shall be ser"ed u!on the 0nited States attorney. The court shall hold a hearing to determine any issues raised by the res!onse which would e5ce!t the !erson from increased !unishment. The failure of the 0nited States attorney to include in the information the com!lete criminal record of the !erson or any facts in addition to the con"ictions to be relied u!on shall not constitute grounds for in"alidating the notice gi"en in the information re:uired by subsection (a)(1) of this section. The hearing shall be before the court without a &ury and either !arty may introduce e"idence. =5ce!t as otherwise !ro"ided in !aragra!h (#) of this subsection$ the 0nited States attorney shall ha"e the burden of !roof beyond a reasonable doubt on any issue of fact. At the re:uest of either !arty$ the court shall enter findings of fact and conclusions of law. (#) A !erson claiming that a con"iction alleged in the information was obtained in "iolation of the Constitution of the 0nited States shall set forth his claim$ and the factual basis therefor$ with !articularity in his res!onse to the information. The !erson shall ha"e the burden of !roof by a !re!onderance of the e"idence on any issue of fact raised by the res!onse. Any challenge to a !rior con"iction$ not raised by res!onse to the information before an increased sentence is im!osed in reliance thereon$ shall be wai"ed unless good cause be shown for failure to make a timely challenge. /!0 I4&osition o senten"e (1) 'f the !erson files no res!onse to the information$ or if the court determines$ after hearing$ that the !erson is sub&ect to increased !unishment by reason of !rior con"ictions$ the court shall !roceed to im!ose sentence u!on him as !ro"ided by this !art. (#) 'f the court determines that the !erson has not been con"icted as alleged in the information$ that a con"iction alleged in the information is in"alid$ or that the !erson is otherwise not sub&ect to an increased sentence as a matter of law$ the court shall$ at the re:uest of the 0nited States attorney$ !ost!one sentence to allow an a!!eal from that determination. 'f no such re:uest is made$ the court shall im!ose sentence as !ro"ided by this !art. The !erson may a!!eal from an order !ost!oning sentence as if sentence had been !ronounced and a final &udgment of con"iction entered. /e0 Stat$te o li4itations 1o !erson who stands con"icted of an offense under this !art may challenge the "alidity of any !rior con"iction alleged under this section which occurred more than fi"e years before the date of the information alleging such !rior con"iction.

 8?(. A&&li"ation o treaties an! other international agree4ents. 1othing in the Single Con"ention on 1arcotic 2rugs$ the Con"ention on 6sychotro!ic Substances$ or other treaties or international agreements shall be construed to limit the !ro"ision of treatment$ education$ or rehabilitation as alternati"es to con"iction or criminal !enalty for offenses in"ol"ing any drug or other substance sub&ect to control under any such treaty or agreement. 8?). Cri4inal or eit$res. /a0 Pro&ert' s$%De"t to "ri4inal or eit$re Any !erson con"icted of a "iolation of this subcha!ter or subcha!ter '' of this cha!ter !unishable by im!risonment for more than one year shall forfeit to the 0nited States$ irres!ecti"e of any !ro"ision of State law ( (1) any !ro!erty constituting$ or deri"ed from$ any !roceeds the !erson obtained$ directly or indirectly$ as the result of such "iolation; (#) any of the !erson's !ro!erty used$ or intended to be used$ in any manner or !art$ to commit$ or to facilitate the commission of$ such "iolation; and (%) in the case of a !erson con"icted of engaging in a continuing criminal enter!rise in "iolation of section 9*9 of this title$ the !erson shall forfeit$ in addition to any !ro!erty described in !aragra!h (1) or (#)$ any of his interest in$ claims against$ and !ro!erty or contractual rights affording a source of control o"er$ the continuing criminal enter!rise. The court$ in im!osing sentence on such !erson$ shall order$ in addition to any other sentence im!osed !ursuant to this subcha!ter or subcha!ter '' of this cha!ter$ that the !erson forfeit to the 0nited States all !ro!erty described in this subsection. 'n lieu of a fine otherwise authori4ed by this !art$ a defendant who deri"es !rofits or other !roceeds from an offense may be fined not more than twice the gross !rofits or other !roceeds. /%0 ;eaning o ter4 CC&ro&ert'CC 6ro!erty sub&ect to criminal forfeiture under this section includes ( (1) real !ro!erty$ including things growing on$ affi5ed to$ and found in land; and (#) tangible and intangible !ersonal !ro!erty$ including rights$ !ri"ileges$ interests$ claims$ and securities. /"0 Thir! &art' trans ers All right$ title$ and interest in !ro!erty described in subsection (a) of this section "ests in the 0nited States u!on the commission of the act gi"ing rise to forfeiture under this section. Any such !ro!erty that is subse:uently transferred to a !erson other than the defendant may be the sub&ect of a s!ecial "erdict of forfeiture and thereafter shall be ordered forfeited to the 0nited States$ unless the transferee establishes in a hearing !ursuant to subsection (n) of this section that he is a bona fide !urchaser for "alue of such !ro!erty who at the time of !urchase was reasonably without cause to belie"e that the !ro!erty was sub&ect to forfeiture under this section. /!0 Re%$tta%le &res$4&tion There is a rebuttable !resum!tion at trial that any !ro!erty of a !erson con"icted of a felony under this subcha!ter or subcha!ter '' of this cha!ter is sub&ect to forfeiture under this section if the 0nited States establishes by a !re!onderance of the e"idence that (

 (1) such !ro!erty was ac:uired by such !erson during the !eriod of the "iolation of this subcha!ter or subcha!ter '' of this cha!ter or within a reasonable time after such !eriod; and (#) there was no likely source for such !ro!erty other than the "iolation of this subcha!ter or subcha!ter '' of this cha!ter. /e0 Prote"ti2e or!ers (1) 0!on a!!lication of the 0nited States$ the court may enter a restraining order or in&unction$ re:uire the e5ecution of a satisfactory !erformance bond$ or take any other action to !reser"e the a"ailability of !ro!erty described in subsection (a) of this section for forfeiture under this section ( (A) u!on the filing of an indictment or information charging a "iolation of this subcha!ter or subcha!ter '' of this cha!ter for which criminal forfeiture may be ordered under this section and alleging that the !ro!erty with res!ect to which the order is sought would$ in the e"ent of con"iction$ be sub&ect to forfeiture under this section; or ()) !rior to the filing of such an indictment or information$ if$ after notice to !ersons a!!earing to ha"e an interest in the !ro!erty and o!!ortunity for a hearing$ the court determines that ( (i) there is a substantial !robability that the 0nited States will !re"ail on the issue of forfeiture and that failure to enter the order will result in the !ro!erty being destroyed$ remo"ed from the &urisdiction of the court$ or otherwise made una"ailable for forfeiture; and (ii) the need to !reser"e the a"ailability of the !ro!erty through the entry of the re:uested order outweighs the hardshi! on any !arty against whom the order is to be entered: Provided, however, That an order entered !ursuant to sub!aragra!h ()) shall be effecti"e for not more than ninety days$ unless e5tended by the court for good cause shown or unless an indictment or information described in sub!aragra!h (A) has been filed. (#) A tem!orary restraining order under this subsection may be entered u!on a!!lication of the 0nited States without notice or o!!ortunity for a hearing when an information or indictment has not yet been filed with res!ect to the !ro!erty$ if the 0nited States demonstrates that there is !robable cause to belie"e that the !ro!erty with res!ect to which the order is sought would$ in the e"ent of con"iction$ be sub&ect to forfeiture under this section and that !ro"ision of notice will &eo!ardi4e the a"ailability of the !ro!erty for forfeiture. Such a tem!orary order shall e5!ire not more than ten days after the date on which it is entered$ unless e5tended for good cause shown or unless the !arty against whom it is entered consents to an e5tension for a longer !eriod. A hearing re:uested concerning an order entered under this !aragra!h shall be held at the earliest !ossible time and !rior to the e5!iration of the tem!orary order. (%) The court may recei"e and consider$ at a hearing held !ursuant to this subsection$ e"idence and information that would be inadmissible under the .ederal ?ules of ="idence.

 / 0 =arrant o sei:$re The @o"ernment may re:uest the issuance of a warrant authori4ing the sei4ure of !ro!erty sub&ect to forfeiture under this section in the same manner as !ro"ided for a search warrant. 'f the court determines that there is !robable cause to belie"e that the !ro!erty to be sei4ed would$ in the e"ent of con"iction$ be sub&ect to forfeiture and that an order under subsection (e) of this section may not be sufficient to assure the a"ailability of the !ro!erty for forfeiture$ the court shall issue a warrant authori4ing the sei4ure of such !ro!erty. /g0 .7e"$tion 0!on entry of an order of forfeiture under this section$ the court shall authori4e the Attorney @eneral to sei4e all !ro!erty ordered forfeited u!on such terms and conditions as the court shall deem !ro!er. .ollowing entry of an order declaring the !ro!erty forfeited$ the court may$ u!on a!!lication of the 0nited States$ enter such a!!ro!riate restraining orders or in&unctions$ re:uire the e5ecution of satisfactory !erformance bonds$ a!!oint recei"ers$ conser"ators$ a!!raisers$ accountants$ or trustees$ or take any other action to !rotect the interest of the 0nited States in the !ro!erty ordered forfeited. Any income accruing to or deri"ed from !ro!erty ordered forfeited under this section may be used to offset ordinary and necessary e5!enses to the !ro!erty which are re:uired by law$ or which are necessary to !rotect the interests of the 0nited States or third !arties. /h0 Dis&osition o &ro&ert' .ollowing the sei4ure of !ro!erty ordered forfeited under this section$ the Attorney @eneral shall direct the dis!osition of the !ro!erty by sale or any other commercially feasible means$ making due !ro"ision for the rights of any innocent !ersons. Any !ro!erty right or interest not e5ercisable by$ or transferable for "alue to$ the 0nited States shall e5!ire and shall not re"ert to the defendant$ nor shall the defendant or any !erson acting in concert with him or on his behalf be eligible to !urchase forfeited !ro!erty at any sale held by the 0nited States. 0!on a!!lication of a !erson$ other than the defendant or a !erson acting in concert with him or on his behalf$ the court may restrain or stay the sale or dis!osition of the !ro!erty !ending the conclusion of any a!!eal of the criminal case gi"ing rise to the forfeiture$ if the a!!licant demonstrates that !roceeding with the sale or dis!osition of the !ro!erty will result in irre!arable in&ury$ harm$ or loss to him. /i0 A$thorit' o the Attorne' 1eneral Fith res!ect to !ro!erty ordered forfeited under this section$ the Attorney @eneral is authori4ed to ( (1) grant !etitions for mitigation or remission of forfeiture$ restore forfeited !ro!erty to "ictims of a "iolation of this subcha!ter$ or take any other action to !rotect the rights of innocent !ersons which is in the interest of &ustice and which is not inconsistent with the !ro"isions of this section; (#) com!romise claims arising under this section; (%) award com!ensation to !ersons !ro"iding information resulting in a forfeiture under this section; (*) direct the dis!osition by the 0nited States$ in accordance with the !ro"isions of section 991(e) of this title$ of all !ro!erty ordered forfeited under this section by

!ublic sale or any other commercially feasible means$ making due !ro"ision for the rights of innocent !ersons; and (,) take a!!ro!riate measures necessary to safeguard and maintain !ro!erty ordered forfeited under this section !ending its dis!osition. /D0 A&&li"a%ilit' o "i2il or eit$re &ro2isions =5ce!t to the e5tent that they are inconsistent with the !ro"isions of this section$ the !ro"isions of section 991(d) of this title shall a!!ly to a criminal forfeiture under this section. /90 *ar on inter2ention =5ce!t as !ro"ided in subsection (n) of this section$ no !arty claiming an interest in !ro!erty sub&ect to forfeiture under this section may ( (1) inter"ene in a trial or a!!eal of a criminal case in"ol"ing the forfeiture of such !ro!erty under this section; or (#) commence an action at law or e:uity against the 0nited States concerning the "alidity of his alleged interest in the !ro!erty subse:uent to the filing of an indictment or information alleging that the !ro!erty is sub&ect to forfeiture under this section. /l0 E$ris!i"tion to enter or!ers The district courts of the 0nited States shall ha"e &urisdiction to enter orders as !ro"ided in this section without regard to the location of any !ro!erty which may be sub&ect to forfeiture under this section or which has been ordered forfeited under this section. /40 De&ositions 'n order to facilitate the identification and location of !ro!erty declared forfeited and to facilitate the dis!osition of !etitions for remission or mitigation of forfeiture$ after the entry of an order declaring !ro!erty forfeited to the 0nited States$ the court may$ u!on a!!lication of the 0nited States$ order that the testimony of any witness relating to the !ro!erty forfeited be taken by de!osition and that any designated book$ !a!er$ document$ record$ recording$ or other material not !ri"ileged be !roduced at the same time and !lace$ in the same manner as !ro"ided for the taking of de!ositions under ?ule 1, of the .ederal ?ules of Criminal 6rocedure. /n0 Thir! &art' interests (1) .ollowing the entry of an order of forfeiture under this section$ the 0nited States shall !ublish notice of the order and of its intent to dis!ose of the !ro!erty in such manner as the Attorney @eneral may direct. The @o"ernment may also$ to the e5tent !racticable$ !ro"ide direct written notice to any !erson known to ha"e alleged an interest in the !ro!erty that is the sub&ect of the order of forfeiture as a substitute for !ublished notice as to those !ersons so notified. (#) Any !erson$ other than the defendant$ asserting a legal interest in !ro!erty which has been ordered forfeited to the 0nited States !ursuant to this section may$ within thirty days of the final !ublication of notice or his recei!t of notice under !aragra!h (1)$ whiche"er is earlier$ !etition the court for a hearing to ad&udicate the "alidity of his alleged interest in the !ro!erty. The hearing shall be held before the court alone$ without a &ury. (%) The !etition shall be signed by the !etitioner under !enalty of !er&ury and

shall set forth the nature and e5tent of the !etitioner's right$ title$ or interest in the !ro!erty$ the time and circumstances of the !etitioner's ac:uisition of the right$ title$ or interest in the !ro!erty$ any additional facts su!!orting the !etitioner's claim$ and the relief sought. (*) The hearing on the !etition shall$ to the e5tent !racticable and consistent with the interests of &ustice$ be held within thirty days of the filing of the !etition. The court may consolidate the hearing on the !etition with a hearing on any other !etition filed by a !erson other than the defendant under this subsection. (,) At the hearing$ the !etitioner may testify and !resent e"idence and witnesses on his own behalf$ and cross(e5amine witnesses who a!!ear at the hearing. The 0nited States may !resent e"idence and witnesses in rebuttal and in defense of its claim to the !ro!erty and cross(e5amine witnesses who a!!ear at the hearing. 'n addition to testimony and e"idence !resented at the hearing$ the court shall consider the rele"ant !ortions of the record of the criminal case which resulted in the order of forfeiture. (-) 'f$ after the hearing$ the court determines that the !etitioner has established by a !re!onderance of the e"idence that ( (A) the !etitioner has a legal right$ title$ or interest in the !ro!erty$ and such right$ title$ or interest renders the order of forfeiture in"alid in whole or in !art because the right$ title$ or interest was "ested in the !etitioner rather than the defendant or was su!erior to any right$ title$ or interest of the defendant at the time of the commission of the acts which ga"e rise to the forfeiture of the !ro!erty under this section; or ()) the !etitioner is a bona fide !urchaser for "alue of the right$ title$ or interest in the !ro!erty and was at the time of !urchase reasonably without cause to belie"e that the !ro!erty was sub&ect to forfeiture under this section; the court shall amend the order of forfeiture in accordance with its determination. (/) .ollowing the court's dis!osition of all !etitions filed under this subsection$ or if no such !etitions are filed following the e5!iration of the !eriod !ro"ided in !aragra!h (#) for the filing of such !etitions$ the 0nited States shall ha"e clear title to !ro!erty that is the sub&ect of the order of forfeiture and may warrant good title to any subse:uent !urchaser or transferee. /o0 Constr$"tion The !ro"isions of this section shall be liberally construed to effectuate its remedial !ur!oses. /&0 3or eit$re o s$%stit$te &ro&ert' 'f any of the !ro!erty described in subsection (a) of this section$ as a result of any act or omission of the defendant ( (1) cannot be located u!on the e5ercise of due diligence; (#) has been transferred or sold to$ or de!osited with$ a third !arty; (%) has been !laced beyond the &urisdiction of the court; (*) has been substantially diminished in "alue; or

 (,) has been commingled with other !ro!erty which cannot be di"ided without difficulty; the court shall order the forfeiture of any other !ro!erty of the defendant u! to the "alue of any !ro!erty described in !aragra!hs (1) through (,). 8?)a. Trans erre!. 8?<. In2est4ent o illi"it !r$g &ro its. /a0 Prohi%ition 't shall be unlawful for any !erson who has recei"ed any income deri"ed$ directly or indirectly$ from a "iolation of this subcha!ter or subcha!ter '' of this cha!ter !unishable by im!risonment for more than one year in which such !erson has !artici!ated as a !rinci!al within the meaning of section # of title 19$ to use or in"est$ directly or indirectly$ any !art of such income$ or the !roceeds of such income$ in ac:uisition of any interest in$ or the establishment or o!eration of$ any enter!rise which is engaged in$ or the acti"ities of which affect interstate or foreign commerce. A !urchase of securities on the o!en market for !ur!oses of in"estment$ and without the intention of controlling or !artici!ating in the control of the issuer$ or of assisting another to do so$ shall not be unlawful under this section if the securities of the issuer held by the !urchaser$ the members of his immediate family$ and his or their accom!lices in any "iolation of this subcha!ter or subcha!ter '' of this cha!ter after such !urchase do not amount in the aggregate to 1 !er centum of the outstanding securities of any one class$ and do not confer$ either in law or in fact$ the !ower to elect one or more directors of the issuer. /%0 Penalt' Fhoe"er "iolates this section shall be fined not more than H,8$888 or im!risoned not more than ten years$ or both. /"0 CC.nter&riseCC !e ine! As used in this section$ the term ''enter!rise'' includes any indi"idual$ !artnershi!$ cor!oration$ association$ or other legal entity$ and any union or grou! of indi"iduals associated in fact although not a legal entity. /!0 Constr$"tion The !ro"isions of this section shall be liberally construed to effectuate its remedial !ur!oses. 8??. Alternati2e ine. 'n lieu of a fine otherwise authori4ed by this !art$ a defendant who deri"es !rofits or other !roceeds from an offense may be fined not more than twice the gross !rofits or other !roceeds. 8?@. .sta%lish4ent o 4an$ a"t$ring o&erations. (a) =5ce!t as authori4ed by this subcha!ter$ it shall be unlawful to ( (1) knowingly o!en or maintain any !lace for the !ur!ose of manufacturing$ distributing$ or using any controlled substance; (#) manage or control any building$ room$ or enclosure$ either as an owner$ lessee$ agent$ em!loyee$ or mortgagee$ and knowingly and intentionally rent$ lease$ or make a"ailable for use$ with or without com!ensation$ the

building$ room$ or enclosure for the !ur!ose of unlawfully manufacturing$ storing$ distributing$ or using a controlled substance. (b) Any !erson who "iolates subsection (a) of this section shall be sentenced to a term of im!risonment of not more than #8 years or a fine of not more than H,88$888$ or both$ or a fine of H#$888$888 for a !erson other than an indi"idual. 8?>. Re&eale!. ?e!ealed. 6ub. +. 181(-*/$ title GG'7$ Sec. #*81(d)$ 1o". #3$ 1338$ 18* Stat. *9,3 8?8. .n!angering h$4an li e 8hile illegall' 4an$ a"t$ring "ontrolle! s$%stan"e. Fhoe"er$ while manufacturing a controlled substance in "iolation of this subcha!ter$ or attem!ting to do so$ or trans!orting or causing to be trans!orted materials$ including chemicals$ to do so$ creates a substantial risk of harm to human life shall be fined in accordance with title 19 or im!risoned not more than 18 years$ or both. 8?B. Distri%$tion to &ersons $n!er age t8ent'-one. /a0 3irst o ense =5ce!t as !ro"ided in section 9-8 of this title$ any !erson at least eighteen years of age who "iolates section 9*1(a)(1) of this title by distributing a controlled substance to a !erson under twenty(one years of age is (e5ce!t as !ro"ided in subsection (b) of this section) sub&ect to (1) twice the ma5imum !unishment authori4ed by section 9*1(b) of this title$ and (#) at least twice any term of su!er"ised release authori4ed by section 9*1(b) of this title$ for a first offense in"ol"ing the same controlled substance and schedule. =5ce!t to the e5tent a greater minimum sentence is otherwise !ro"ided by section 9*1(b) of this title$ a term of im!risonment under this subsection shall be not less than one year. The mandatory minimum sentencing !ro"isions of this subsection shall not a!!ly to offenses in"ol"ing , grams or less of marihuana. /%0 Se"on! o ense =5ce!t as !ro"ided in section 9-8 of this title$ any !erson at least eighteen years of age who "iolates section 9*1(a)(1) of this title by distributing a controlled substance to a !erson under twenty(one years of age after a !rior con"iction under subsection (a) of this section (or under section %%%(b) of this title as in effect !rior to ay 1$ 13/1) has become final$ is sub&ect to (1) three times the ma5imum !unishment authori4ed by section 9*1(b) of this title$ and (#) at least three times any term of su!er"ised release authori4ed by section 9*1(b) of this title$ for a second or subse:uent offense in"ol"ing the same controlled substance and schedule. =5ce!t to the e5tent a greater minimum sentence is otherwise !ro"ided by section 9*1(b) of this title$ a term of im!risonment under this subsection shall be not less than one year. 6enalties for third and subse:uent con"ictions shall be go"erned by section 9*1(b)(1)(A) of this title. 8@0. Distri%$tion or 4an$ a"t$ring in or near s"hools an! "olleges. /a0 Penalt' Any !erson who "iolates section 9*1(a)(1) of this title or section 9,- of this title by distributing$ !ossessing with intent to distribute$ or manufacturing a controlled substance in or on$ or within one thousand feet of$ the real !ro!erty com!rising a !ublic or !ri"ate elementary$ "ocational$ or secondary school or a !ublic or !ri"ate college$ &unior college$

or uni"ersity$ or a !layground$ or housing facility owned by a !ublic housing authority$ or within 188 feet of a !ublic or !ri"ate youth center$ !ublic swimming !ool$ or "ideo arcade facility$ is (e5ce!t as !ro"ided in subsection (b) of this section) sub&ect to (1) twice the ma5imum !unishment authori4ed by section 9*1(b) of this title; and (#) at least twice any term of su!er"ised release authori4ed by section 9*1(b) of this title for a first offense. A fine u! to twice that authori4ed by section 9*1(b) of this title may be im!osed in addition to any term of im!risonment authori4ed by this subsection. =5ce!t to the e5tent a greater minimum sentence is otherwise !ro"ided by section 9*1(b) of this title$ a !erson shall be sentenced under this subsection to a term of im!risonment of not less than one year. The mandatory minimum sentencing !ro"isions of this !aragra!h shall not a!!ly to offenses in"ol"ing , grams or less of marihuana. /%0 Se"on! o en!ers Any !erson who "iolates section 9*1(a)(1) of this title or section 9,- of this title by distributing$ !ossessing with intent to distribute$ or manufacturing a controlled substance in or on$ or within one thousand feet of$ the real !ro!erty com!rising a !ublic or !ri"ate elementary$ "ocational$ or secondary school or a !ublic or !ri"ate college$ &unior college$ or uni"ersity$ or a !layground$ or housing facility owned by a !ublic housing authority$ or within 188 feet of a !ublic or !ri"ate youth center$ !ublic swimming !ool$ or "ideo arcade facility$ after a !rior con"iction under subsection (a) of this section has become final is !unishable (1) by the greater of (A) a term of im!risonment of not less than three years and not more than life im!risonment or ()) three times the ma5imum !unishment authori4ed by section 9*1(b) of this title for a first offense$ and (#) at least three times any term of su!er"ised release authori4ed by section 9*1(b) of this title for a first offense. A fine u! to three times that authori4ed by section 9*1(b) of this title may be im!osed in addition to any term of im!risonment authori4ed by this subsection. =5ce!t to the e5tent a greater minimum sentence is otherwise !ro"ided by section 9*1(b) of this title$ a !erson shall be sentenced under this subsection to a term of im!risonment of not less than three years. 6enalties for third and subse:uent con"ictions shall be go"erned by section 9*1(b)(1)(A) of this title. /"0 .4&lo'ing "hil!ren to !istri%$te !r$gs near s"hools or &la'gro$n!s 1otwithstanding any other law$ any !erson at least #1 years of age who knowingly and intentionally ( (1) em!loys$ hires$ uses$ !ersuades$ induces$ entices$ or coerces a !erson under 19 years of age to "iolate this section; or (#) em!loys$ hires$ uses$ !ersuades$ induces$ entices$ or coerces a !erson under 19 years of age to assist in a"oiding detection or a!!rehension for any offense under this section by any .ederal$ State$ or local law enforcement official$ is !unishable by a term of im!risonment$ a fine$ or both$ u! to tri!le those authori4ed by section 9*1 of this title. /!0 S$s&ension o senten"e- &ro%ation- &arole 'n the case of any mandatory minimum sentence im!osed under this section$ im!osition or e5ecution of such sentence shall not be sus!ended and !robation shall not be granted. An indi"idual con"icted under this section shall not be eligible for !arole until the indi"idual has ser"ed the mandatory minimum term of im!risonment as !ro"ided by this section.

 /e0 De initions .or the !ur!oses of this section ( (1) The term ''!layground'' means any outdoor facility (including any !arking lot a!!urtenant thereto) intended for recreation$ o!en to the !ublic$ and with any !ortion thereof containing three or more se!arate a!!aratus intended for the recreation of children including$ but not limited to$ sliding boards$ swingsets$ and teeterboards. (#) The term ''youth center'' means any recreational facility andIor gymnasium (including any !arking lot a!!urtenant thereto)$ intended !rimarily for use by !ersons under 19 years of age$ which regularly !ro"ides athletic$ ci"ic$ or cultural acti"ities. (%) The term ''"ideo arcade facility'' means any facility$ legally accessible to !ersons under 19 years of age$ intended !rimarily for the use of !inball and "ideo machines for amusement containing a minimum of ten !inball andIor "ideo machines. (*) The term ''swimming !ool'' includes any !arking lot a!!urtenant thereto. 8@1. .4&lo'4ent or $se o &ersons $n!er 18 'ears o age in !r$g o&erations. /a0 Unla8 $l a"ts 't shall be unlawful for any !erson at least eighteen years of age to knowingly and intentionally ( (1) em!loy$ hire$ use$ !ersuade$ induce$ entice$ or coerce$ a !erson under eighteen years of age to "iolate any !ro"ision of this subcha!ter or subcha!ter '' of this cha!ter; (#) em!loy$ hire$ use$ !ersuade$ induce$ entice$ or coerce$ a !erson under eighteen years of age to assist in a"oiding detection or a!!rehension for any offense of this subcha!ter or subcha!ter '' of this cha!ter by any .ederal$ State$ or local law enforcement official; or (%) recei"e a controlled substance from a !erson under 19 years of age$ other than an immediate family member$ in "iolation of this subcha!ter or subcha!ter '' of this cha!ter. /%0 Penalt' or irst o ense Any !erson who "iolates subsection (a) of this section is sub&ect to twice the ma5imum !unishment otherwise authori4ed and at least twice any term of su!er"ised release otherwise authori4ed for a first offense. =5ce!t to the e5tent a greater minimum sentence is otherwise !ro"ided$ a term of im!risonment under this subsection shall not be less than one year. /"0 Penalt' or s$%se6$ent o enses Any !erson who "iolates subsection (a) of this section after a !rior con"iction under subsection (a) of this section has become final$ is sub&ect to three times the ma5imum !unishment otherwise authori4ed and at least three times any term of su!er"ised release otherwise authori4ed for a first offense. =5ce!t to the e5tent a greater minimum sentence is otherwise !ro"ided$ a term of im!risonment under this subsection shall not be less than one year. 6enalties for third and subse:uent con"ictions shall be go"erned by section 9*1(b)(1)(A) of this title.

 /!0 Penalt' or &ro2i!ing or !istri%$ting "ontrolle! s$%stan"e to $n!erage &erson Any !erson who "iolates subsection (a)(1) or (#) of this section (.AAT1AT= 1) (.AAT1AT= 1) So in original. 6robably should be followed by a dash. (1) by knowingly !ro"iding or distributing a controlled substance or a controlled substance analogue to any !erson under eighteen years of age; or (#) if the !erson em!loyed$ hired$ or used is fourteen years of age or younger$ shall be sub&ect to a term of im!risonment for not more than fi"e years or a fine of not more than H,8$888$ or both$ in addition to any other !unishment authori4ed by this section. (e) Sus!ension of sentence; !robation; !arole 'n any case of any sentence im!osed under this section$ im!osition or e5ecution of such sentence shall not be sus!ended and !robation shall not be granted. An indi"idual con"icted under this section of an offense for which a mandatory minimum term of im!risonment is a!!licable shall not be eligible for !arole under section *#8# of title 19 (.AAT1AT= #) until the indi"idual has ser"ed the mandatory term of im!risonment as enhanced by this section. (.AAT1AT= #) Section *#8# of title 19$ referred to in subsec. (e)$ which$ as originally enacted in Title 19$ Crimes and Criminal 6rocedure$ related to eligibility of !risoners for !arole$ was re!ealed and a new section *#8# enacted as !art of the re!eal and enactment of a new cha!ter %11 (Sec. *#81 et se:.) of Title 19$ by 6ub. +. 3*(#%%$ Sec. #$ ar. 1,$ 13/-$ 38 Stat. #13. .or !ro"isions relating to the eligibility of !risoners for !arole$ see section *#8, of Title 19. 6ub. +. 39(*/%$ title ''$ Sec. #19(a)(,)$ #%,(a)(1)$ (b) (1)$ Act. 1#$ 139*$ 39 Stat. #8#/$ #8%1$ #8%#$ as amended$ !ro"ided that$ effecti"e on the first day of the first calendar month beginning %- months after Act. 1#$ 139* (1o". 1$ 139/)$ cha!ter %11 of Title 19 is re!ealed$ sub&ect to remaining effecti"e for fi"e years after 1o". 1$ 139/$ in certain circumstances. / 0 Distri%$tion o "ontrolle! s$%stan"e to &regnant in!i2i!$al =5ce!t as authori4ed by this subcha!ter$ it shall be unlawful for any !erson to knowingly or intentionally !ro"ide or distribute any controlled substance to a !regnant indi"idual in "iolation of any !ro"ision of this subcha!ter. Any !erson who "iolates this subsection shall be sub&ect to the !ro"isions of subsections (b)$ (c)$ and (e) of this section. 8@(. Denial o 3e!eral %ene its to !r$g tra i"9ers an! &ossessors. /a0 Dr$g tra i"9ers (1) Any indi"idual who is con"icted of any .ederal or State offense consisting of the distribution of controlled substances shall ( (A) at the discretion of the court$ u!on the first con"iction for such an offense be ineligible for any or all .ederal benefits for u! to , years after such con"iction; ()) at the discretion of the court$ u!on a second con"iction for such an offense be ineligible for any or all .ederal benefits for u! to 18 years after such con"iction; and (C) u!on a third or subse:uent con"iction for such an offense be !ermanently ineligible for all .ederal benefits. (#) The benefits which are denied under this subsection shall not include

benefits relating to long(term drug treatment !rograms for addiction for any !erson who$ if there is a reasonable body of e"idence to substantiate such declaration$ declares himself to be an addict and submits himself to a long(term treatment !rogram for addiction$ or is deemed to be rehabilitated !ursuant to rules established by the Secretary of <ealth and <uman Ser"ices. /%0 Dr$g &ossessors (1) Any indi"idual who is con"icted of any .ederal or State offense in"ol"ing the !ossession of a controlled substance (as such term is defined for !ur!oses of this subcha!ter) shall ( (A) u!on the first con"iction for such an offense and at the discretion of the court ( (i) be ineligible for any or all .ederal benefits for u! to one year; (ii) be re:uired to successfully com!lete an a!!ro"ed drug treatment !rogram which includes !eriodic testing to insure that the indi"idual remains drug free; (iii) be re:uired to !erform a!!ro!riate community ser"ice; or (i") any combination of clause (i)$ (ii)$ or (iii); and ()) u!on a second or subse:uent con"iction for such an offense be ineligible for all .ederal benefits for u! to , years after such con"iction as determined by the court. The court shall continue to ha"e the discretion in sub!aragra!h (A) abo"e. 'n im!osing !enalties and conditions under sub!aragra!h (A)$ the court may re:uire that the com!letion of the conditions im!osed by clause (ii) or (iii) be a re:uirement for the reinstatement of benefits under clause (i). (#) The !enalties and conditions which may be im!osed under this subsection shall be wai"ed in the case of a !erson who$ if there is a reasonable body of e"idence to substantiate such declaration$ declares himself to be an addict and submits himself to a long(term treatment !rogram for addiction$ or is deemed to be rehabilitated !ursuant to rules established by the Secretary of <ealth and <uman Ser"ices. /"0 S$s&ension o &erio! o ineligi%ilit' The !eriod of ineligibility referred to in subsections (a) and (b) of this section shall be sus!ended if the indi"idual ( (A) com!letes a su!er"ised drug rehabilitation !rogram after becoming ineligible under this section; ()) has otherwise been rehabilitated; or (C) has made a good faith effort to gain admission to a su!er"ised drug rehabilitation !rogram$ but is unable to do so because of inaccessibility or una"ailability of such a !rogram$ or the inability of the indi"idual to !ay for such a !rogram. /!0 De initions As used in this section ( (1) the term ''.ederal benefit'' ( (A) means the issuance of any grant$ contract$ loan$ !rofessional license$ or commercial license !ro"ided by an agency of the 0nited States or by

a!!ro!riated funds of the 0nited States; and ()) does not include any retirement$ welfare$ Social Security$ health$ disability$ "eterans benefit$ !ublic housing$ or other similar benefit$ or any other benefit for which !ayments or ser"ices are re:uired for eligibility; and (#) the term ''"eterans benefit'' means all benefits !ro"ided to "eterans$ their families$ or sur"i"ors by "irtue of the ser"ice of a "eteran in the Armed .orces of the 0nited States. /e0 Ina&&li"a%ilit' o this se"tion to 1o2ern4ent 8itnesses The !enalties !ro"ided by this section shall not a!!ly to any indi"idual who coo!erates or testifies with the @o"ernment in the !rosecution of a .ederal or State offense or who is in a @o"ernment witness !rotection !rogram. / 0 In!ian &ro2ision 1othing in this section shall be construed to affect the obligation of the 0nited States to any 'ndian or 'ndian tribe arising out of any treaty$ statute$ =5ecuti"e order$ or the trust res!onsibility of the 0nited States owing to such 'ndian or 'ndian tribe. 1othing in this subsection shall e5em!t any indi"idual 'ndian from the sanctions !ro"ided for in this section$ !ro"ided that no indi"idual 'ndian shall be denied any benefit under .ederal 'ndian !rograms com!arable to those described in subsection (d)(1)()) or (d)(#) of this section. /g0 Presi!ential re&ort (1) An or before ay 1$ 1393$ the 6resident shall transmit to the Congress a re!ort ( (A) delineating the role of State courts in im!lementing this section; ()) describing the manner in which .ederal agencies will im!lement and enforce the re:uirements of this section; (C) detailing the means by which .ederal and State agencies$ courts$ and law enforcement agencies will e5change and share the data and information necessary to im!lement and enforce the withholding of .ederal benefits; and (2) recommending any modifications to im!ro"e the administration of this section or otherwise achie"e the goal of discouraging the trafficking and !ossession of controlled substances. (#) 1o later than Se!tember 1$ 1393$ the Congress shall consider the re!ort of the 6resident and enact such changes as it deems a!!ro!riate to further the goals of this section. /h0 . e"ti2e !ate The denial of .ederal benefits set forth in this section shall take effect for con"ictions occurring after Se!tember 1$ 1393. 8@). Dr$g &ara&hernalia. /a0 In general 't is unlawful for any !erson ( (1) to sell or offer for sale drug !ara!hernalia; (#) to use the mails or any other facility of interstate commerce to trans!ort drug !ara!hernalia; or

 (%) to im!ort or e5!ort drug !ara!hernalia. /%0 Penalties Anyone con"icted of an offense under subsection (a) of this section shall be im!risoned for not more than three years and fined under title 19. /"0 Sei:$re an! or eit$re Any drug !ara!hernalia in"ol"ed in any "iolation of subsection (a) of this section shall be sub&ect to sei4ure and forfeiture u!on the con"iction of a !erson for such "iolation. Any such !ara!hernalia shall be deli"ered to the Administrator of @eneral Ser"ices$ @eneral Ser"ices Administration$ who may order such !ara!hernalia destroyed or may authori4e its use for law enforcement or educational !ur!oses by .ederal$ State$ or local authorities. /!0 CCDr$g &ara&hernaliaCC !e ine! The term ''drug !ara!hernalia'' means any e:ui!ment$ !roduct$ or material of any kind which is !rimarily intended or designed for use in manufacturing$ com!ounding$ con"erting$ concealing$ !roducing$ !rocessing$ !re!aring$ in&ecting$ ingesting$ inhaling$ or otherwise introducing into the human body a controlled substance$ !ossession of which is unlawful under this subcha!ter. 't includes items !rimarily intended or designed for use in ingesting$ inhaling$ or otherwise introducing mari&uana$ (.AAT1AT= 1) cocaine$ hashish$ hashish oil$ 6C6$ or am!hetamines into the human body$ such as ( (.AAT1AT= 1) So in original. 6robably should be ''marihuana$''. (1) metal$ wooden$ acrylic$ glass$ stone$ !lastic$ or ceramic !i!es with or without screens$ !ermanent screens$ hashish heads$ or !unctured metal bowls; (#) water !i!es; (%) carburetion tubes and de"ices; (*) smoking and carburetion masks; (,) roach cli!s: meaning ob&ects 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 s!oons with le"el ca!acities of one(tenth cubic centimeter or less; (/) chamber !i!es; (9) carburetor !i!es; (3) electric !i!es; (18) air(dri"en !i!es; (11) chillums; (1#) bongs; (1%) ice !i!es or chillers; (1*) wired cigarette !a!ers; or (1,) cocaine freebase kits. /e0 ;atters "onsi!ere! in !eter4ination o 8hat "onstit$tes !r$g &ara&hernalia 'n determining whether an item constitutes drug !ara!hernalia$ in addition to all other logically rele"ant factors$ the following may be considered: (1) instructions$ oral or written$ !ro"ided with the item concerning its use; (#) descri!ti"e materials accom!anying the item which e5!lain or de!ict its use; (%) national and local ad"ertising concerning its use; (*) the manner in which the item is dis!layed for sale; (,) whether the owner$ or anyone in control of the item$ is a legitimate su!!lier of like

or related items to the community$ such as a licensed distributor or dealer of tobacco !roducts; (-) direct or circumstantial e"idence of the ratio of sales of the item(s) to the total sales of the business enter!rise; (/) the e5istence and sco!e of legitimate uses of the item in the community; and (9) e5!ert testimony concerning its use. / 0 .7e4&tions This section shall not a!!ly to ( (1) any !erson authori4ed by local$ State$ or .ederal law to manufacture$ !ossess$ or distribute such items; or (#) any item that$ in the normal lawful course of business$ is im!orted$ e5!orted$ trans!orted$ or sold through the mail or by any other means$ and traditionally intended for use with tobacco !roducts$ including any !i!e$ !a!er$ or accessory. ?eturn to to!

PART . - AD;INISTRATIV. AND .N3ORC.;.NT PROVISIONS

8>1. Attorne' 1eneral. /a0 Delegation o $n"tions The Attorney @eneral may delegate any of his functions under this subcha!ter to any officer or em!loyee of the 2e!artment of >ustice. /%0 R$les an! reg$lations The Attorney @eneral may !romulgate and enforce any rules$ regulations$ and !rocedures which he may deem necessary and a!!ro!riate for the efficient e5ecution of his functions under this subcha!ter. /"0 A""e&tan"e o !e2i"es5 %e6$ests5 gi ts5 an! !onations The Attorney @eneral may acce!t in the name of the 2e!artment of >ustice any form of de"ice$ be:uest$ gift$ or donation where the donor intends to donate !ro!erty for the !ur!ose of !re"enting or controlling the abuse of controlled substances. <e may take all a!!ro!riate ste!s to secure !ossession of such !ro!erty and may sell$ assign$ transfer$ or con"ey any such !ro!erty other than moneys. 8>(. .!$"ation an! resear"h &rogra4s o Attorne' 1eneral. /a0 A$thori:ation The Attorney @eneral is authori4ed to carry out educational and research !rograms directly related to enforcement of the laws under his &urisdiction concerning drugs or other substances which are or may be sub&ect to control under this subcha!ter. Such !rograms may include ( (1) educational and training !rograms on drug abuse and controlled substances law enforcement for local$ State$ and .ederal !ersonnel; (#) studies or s!ecial !ro&ects designed to com!are the deterrent effects of "arious enforcement strategies on drug use and abuse;

 (%) studies or s!ecial !ro&ects designed to assess and detect accurately the !resence in the human body of drugs or other substances which are or may be sub&ect to control under this subcha!ter$ including the de"elo!ment of ra!id field identification methods which would enable agents to detect micro:uantities of such drugs or other substances; (*) studies or s!ecial !ro&ects designed to e"aluate the nature and sources of the su!!ly of illegal drugs throughout the country; (,) studies or s!ecial !ro&ects to de"elo! more effecti"e methods to !re"ent di"ersion of controlled substances into illegal channels; and (-) studies or s!ecial !ro&ects to de"elo! information necessary to carry out his functions under section 911 of this title. /%0 Contra"ts The Attorney @eneral may enter into contracts for such educational and research acti"ities without !erformance bonds and without regard to section , of title *1. /"0 I!enti i"ation o resear"h &o&$lations- a$thori:ation to 8ithhol! The Attorney @eneral may authori4e !ersons engaged in research to withhold the names and other identifying characteristics of !ersons who are the sub&ects of such research. 6ersons who obtain this authori4ation may not be com!elled in any .ederal$ State$ or local ci"il$ criminal$ administrati"e$ legislati"e$ or other !roceeding to identify the sub&ects of research for which such authori4ation was obtained. /!0 A e"t o treaties an! other international agree4ents on "on i!entialit' 1othing in the Single Con"ention on 1arcotic 2rugs$ the Con"ention on 6sychotro!ic Substances$ or other treaties or international agreements shall be construed to limit$ modify$ or !re"ent the !rotection of the confidentiality of !atient records or of the names and other identifying characteristics of research sub&ects as !ro"ided by any .ederal$ State$ or local law or regulation. /e0 Use o "ontrolle! s$%stan"es in resear"h The Attorney @eneral$ on his own motion or at the re:uest of the Secretary$ may authori4e the !ossession$ distribution$ and dis!ensing of controlled substances by !ersons engaged in research. 6ersons who obtain this authori4ation shall be e5em!t from State or .ederal !rosecution for !ossession$ distribution$ and dis!ensing of controlled substances to the e5tent authori4ed by the Attorney @eneral. / 0 Progra4 to "$rtail !i2ersion o &re"$rsor an! essential "he4i"als The Attorney @eneral shall maintain an acti"e !rogram$ both domestic and international$ to curtail the di"ersion of !recursor chemicals and essential chemicals used in the illicit manufacture of controlled substances. 8>). Coo&erati2e arrange4ents. /a0 Coo&eration o Attorne' 1eneral 8ith lo"al5 State5 an! 3e!eral agen"ies The Attorney @eneral shall coo!erate with local$ State$ and .ederal agencies concerning traffic in controlled substances and in su!!ressing the abuse of controlled substances. To this end$ he is authori4ed to ( (1) arrange for the e5change of information between go"ernmental officials concerning the use and abuse of controlled substances;

 (#) coo!erate in the institution and !rosecution of cases in the courts of the 0nited States and before the licensing boards and courts of the se"eral States; (%) conduct training !rograms on controlled substance law enforcement for local$ State$ and .ederal !ersonnel; (*) maintain in the 2e!artment of >ustice a unit which will acce!t$ catalog$ file$ and otherwise utili4e all information and statistics$ including records of controlled substance abusers and other controlled substance law offenders$ which may be recei"ed from .ederal$ State$ and local agencies$ and make such information a"ailable for .ederal$ State$ and local law enforcement !ur!oses; (,) conduct !rograms of eradication aimed at destroying wild or illicit growth of !lant s!ecies from which controlled substances may be e5tracted; (-) assist State and local go"ernments in su!!ressing the di"ersion of controlled substances from legitimate medical$ scientific$ and commercial channels by ( (A) making !eriodic assessments of the ca!abilities of State and local go"ernments to ade:uately control the di"ersion of controlled substances; ()) !ro"iding ad"ice and counsel to State and local go"ernments on the methods by which such go"ernments may strengthen their controls against di"ersion; and (C) establishing coo!erati"e in"estigati"e efforts to control di"ersion; and (/) notwithstanding any other !ro"ision of law$ enter into contractual agreements with State and local law enforcement agencies to !ro"ide for coo!erati"e enforcement and regulatory acti"ities under this cha!ter. (.AAT1AT= 1) (.AAT1AT= 1) This cha!ter$ referred to in subsec. (a)(/)$ was in the original as added by 6ub. +. 33(-*- ''this Act''$ meaning 6ub. +. 31(,1%$ Act. #/$ 13/8$ 9* Stat. 1#%-$ as amended. 'n the subsec. (a)(/) added by 6ub. +. 33(,/8$ the reference was ''this title''$ meaning title '' of 6ub. +. 31(,1% which is !o!ularly known as the ''Controlled Substances Act'' and is classified !rinci!ally to this subcha!ter. .or com!lete classification of this Act and title '' to the Code$ see Short Title note set out under section 981 of this title and Tables. Schedule ''$ referred to in subsec. (c)$ is set out in section 91#(c) of this title. /%0 Re6$ests %' Attorne' 1eneral or assistan"e ro4 3e!eral agen"ies or instr$4entalities Fhen re:uested by the Attorney @eneral$ it shall be the duty of any agency or instrumentality of the .ederal @o"ernment to furnish assistance$ including technical ad"ice$ to him for carrying out his functions under this subcha!ter; e5ce!t that no such agency or instrumentality shall be re:uired to furnish the name of$ or other identifying information about$ a !atient or research sub&ect whose identity it has undertaken to kee! confidential. /"0 Des"ri&ti2e an! anal'ti" re&orts %' Attorne' 1eneral to State agen"ies o !istri%$tion &atterns o s"he!$le II s$%stan"es ha2ing highest rates o a%$se The Attorney @eneral shall annually (1) select the controlled substances (or controlled substances) contained in schedule '' which$ in the Attorney @eneral's discretion$ is determined to ha"e the highest rate of abuse$ and (#) !re!are and make a"ailable to regulatory$ licensing$ and law enforcement agencies of States descri!ti"e and analytic

re!orts on the actual distribution !atterns in such States of each such controlled substance. /!0 1rants %' Attorne' 1eneral (1) The Attorney @eneral may make grants$ in accordance with !aragra!h (#)$ to State and local go"ernments to assist in meeting the costs of ( (A) collecting and analy4ing data on the di"ersion of controlled substances$ ()) conducting in"estigations and !rosecutions of such di"ersions$ (C) im!ro"ing regulatory controls and other authorities to control such di"ersions$ (2) !rograms to !re"ent such di"ersions$ (=) !re"enting and detecting forged !rescri!tions$ and (.) training law enforcement and regulatory !ersonnel to im!ro"e the control of such di"ersions. (#) 1o grant may be made under !aragra!h (1) unless an a!!lication therefor is submitted to the Attorney @eneral in such form and manner as the Attorney @eneral may !rescribe. 1o grant may e5ceed 98 !er centum of the costs for which the grant is made$ and no grant may be made unless the reci!ient of the grant !ro"ides assurances satisfactory to the Attorney @eneral that it will obligate funds to meet the remaining #8 !er centum of such costs. The Attorney @eneral shall re"iew the acti"ities carried out with grants under !aragra!h (1) and shall re!ort annually to Congress on such acti"ities. (%) To carry out this subsection there is authori4ed to be a!!ro!riated H-$888$888 for fiscal year 139, and H-$888$888 for fiscal year 139-. 8><. A!2isor' "o44ittees. The Attorney @eneral may from time to time a!!oint committees to ad"ise him with res!ect to !re"enting and controlling the abuse of controlled substances. embers of the committees may be entitled to recei"e com!ensation at the rate of H188 for each day (including tra"eltime) during which they are engaged in the actual !erformance of duties. Fhile tra"eling on official business in the !erformance of duties for the committees$ members of the committees shall be allowed e5!enses of tra"el$ including !er diem instead of subsistence$ in accordance with subcha!ter ' of cha!ter ,/ of title ,. 8>?. A!4inistrati2e hearings. /a0 Po8er o Attorne' 1eneral 'n carrying out his functions under this subcha!ter$ the Attorney @eneral may hold hearings$ sign and issue sub!enas$ administer oaths$ e5amine witnesses$ and recei"e e"idence at any !lace in the 0nited States. /%0 Pro"e!$res a&&li"a%le =5ce!t as otherwise !ro"ided in this subcha!ter$ notice shall be gi"en and hearings shall be conducted under a!!ro!riate !rocedures of subcha!ter '' of cha!ter , of title ,. 8>@. S$%&enas. /a0 A$thori:ation o $se %' Attorne' 1eneral

'n any in"estigation relating to his functions under this subcha!ter with res!ect to controlled substances$ listed chemicals$ tableting machines$ or enca!sulating machines$ the Attorney @eneral may sub!ena witnesses$ com!el the attendance and testimony of witnesses$ and re:uire the !roduction of any records (including books$ !a!ers$ documents$ and other tangible things which constitute or contain e"idence) which the Attorney @eneral finds rele"ant or material to the in"estigation. The attendance of witnesses and the !roduction of records may be re:uired from any !lace in any State or in any territory or other !lace sub&ect to the &urisdiction of the 0nited States at any designated !lace of hearing; e5ce!t that a witness shall not be re:uired to a!!ear at any hearing more than ,88 miles distant from the !lace where he was ser"ed with a sub!ena. Fitnesses summoned under this section shall be !aid the same fees and mileage that are !aid witnesses in the courts of the 0nited States. /%0 Ser2i"e A sub!ena issued under this section may be ser"ed by any !erson designated in the sub!ena to ser"e it. Ser"ice u!on a natural !erson may be made by !ersonal deli"ery of the sub!ena to him. Ser"ice may be made u!on a domestic or foreign cor!oration or u!on a !artnershi! or other unincor!orated association which is sub&ect to suit under a common name$ by deli"ering the sub!ena to an officer$ to a managing or general agent$ or to any other agent authori4ed by a!!ointment or by law to recei"e ser"ice of !rocess. The affida"it of the !erson ser"ing the sub!ena entered a true co!y thereof by the !erson ser"ing it shall be !roof of ser"ice. /"0 .n or"e4ent 'n the case of contumacy by or refusal to obey a sub!ena issued to any !erson$ the Attorney @eneral may in"oke the aid of any court of the 0nited States within the &urisdiction of which the in"estigation is carried on or of which the sub!enaed !erson is an inhabitant$ or in which he carries on business or may be found$ to com!el com!liance with the sub!ena. The court may issue an order re:uiring the sub!enaed !erson to a!!ear before the Attorney @eneral to !roduce records$ if so ordered$ or to gi"e testimony touching the matter under in"estigation. Any failure to obey the order of the court may be !unished by the court as a contem!t thereof. All !rocess in any such case may be ser"ed in any &udicial district in which such !erson may be found. 8>>. E$!i"ial re2ie8. All final determinations$ findings$ and conclusions of the Attorney @eneral under this subcha!ter shall be final and conclusi"e decisions of the matters in"ol"ed$ e5ce!t that any !erson aggrie"ed by a final decision of the Attorney @eneral may obtain re"iew of the decision in the 0nited States Court of A!!eals for the 2istrict of Columbia or for the circuit in which his !rinci!al !lace of business is located u!on !etition filed with the court and deli"ered to the Attorney @eneral within thirty days after notice of the decision. .indings of fact by the Attorney @eneral$ if su!!orted by substantial e"idence$ shall be conclusi"e. 8>8. Po8ers o en or"e4ent &ersonnel. (a) Any officer or em!loyee of the 2rug =nforcement Administration or any State or local law enforcement officer designated by the Attorney @eneral may ( (1) carry firearms;

(#) e5ecute and ser"e search warrants$ arrest warrants$ administrati"e ins!ection warrants$ sub!enas$ and summonses issued under the authority of the 0nited States; (%) make arrests without warrant (A) for any offense against the 0nited States committed in his !resence$ or ()) for any felony$ cogni4able under the laws of the 0nited States$ if he has !robable cause to belie"e that the !erson to be arrested has committed or is committing a felony; (*) make sei4ures of !ro!erty !ursuant to the !ro"isions of this subcha!ter; and (,) !erform such other law enforcement duties as the Attorney @eneral may designate. (b) State and local law enforcement officers !erforming functions under this section shall not be deemed .ederal em!loyees and shall not be sub&ect to !ro"isions of law relating to .ederal em!loyees$ e5ce!t that such officers shall be sub&ect to section %%/*(c) of title ,. 8>B. Sear"h 8arrants. A search warrant relating to offenses in"ol"ing controlled substances may be ser"ed at any time of the day or night if the &udge or 0nited States magistrate &udge issuing the warrant is satisfied that there is !robable cause to belie"e that grounds e5ist for the warrant and for its ser"ice at such time. 880. A!4inistrati2e ins&e"tions an! 8arrants. /a0 CCControlle! &re4isesCC !e ine! As used in this section$ the term ''controlled !remises'' means ( (1) !laces where original or other records or documents re:uired under this subcha!ter are ke!t or re:uired to be ke!t$ and (#) !laces$ including factories$ warehouses$ and other establishments$ and con"eyances$ where !ersons registered under section 9#% of this title (or e5em!t from registration under section 9##(d) of this title or by regulation of the Attorney @eneral) or regulated !ersons may lawfully hold$ manufacture$ distribute$ dis!ense$ administer$ or otherwise dis!ose of controlled substances or listed chemicals or where records relating to those acti"ities are maintained. /%0 1rant o a$thorit'- s"o&e o ins&e"tions (1) .or the !ur!ose of ins!ecting$ co!ying$ and "erifying the correctness of records$ re!orts$ or other documents re:uired to be ke!t or made under this subcha!ter and otherwise facilitating the carrying out of his functions under this subcha!ter$ the Attorney @eneral is authori4ed$ in accordance with this section$ to enter controlled !remises and to conduct administrati"e ins!ections thereof$ and of the things s!ecified in this section$ rele"ant to those functions. (#) Such entries and ins!ections shall be carried out through officers or em!loyees (hereinafter referred to as ''ins!ectors'') designated by the Attorney @eneral. Any such ins!ector$ u!on stating his !ur!ose and !resenting to the owner$ o!erator$ or agent in charge of such !remises (A) a!!ro!riate credentials and ()) a written notice of his ins!ection authority (which notice in the case of an ins!ection re:uiring$ or in fact su!!orted

by$ an administrati"e ins!ection warrant shall consist of such warrant)$ shall ha"e the right to enter such !remises and conduct such ins!ection at reasonable times. (%) =5ce!t as may otherwise be indicated in an a!!licable ins!ection warrant$ the ins!ector shall ha"e the right ( (A) to ins!ect and co!y records$ re!orts$ and other documents re:uired to be ke!t or made under this subcha!ter; ()) to ins!ect$ within reasonable limits and in a reasonable manner$ controlled !remises and all !ertinent e:ui!ment$ finished and unfinished drugs$ listed chemicals$ and other substances or materials$ containers$ and labeling found therein$ and$ e5ce!t as !ro"ided in !aragra!h (*) of this subsection$ all other things therein (including records$ files$ !a!ers$ !rocesses$ controls$ and facilities) a!!ro!riate for "erification of the records$ re!orts$ and documents referred to in clause (A) or otherwise bearing on the !ro"isions of this subcha!ter; and (C) to in"entory any stock of any controlled substance or listed chemical therein and obtain sam!les of any such substance or chemical. (*) =5ce!t when the owner$ o!erator$ or agent in charge of the controlled !remises so consents in writing$ no ins!ection authori4ed by this section shall e5tend to ( (A) financial data; ()) sales data other than shi!ment data; or (C) !ricing data. /"0 Sit$ations not re6$iring 8arrants A warrant under this section shall not be re:uired for the ins!ection of books and records !ursuant to an administrati"e sub!ena issued in accordance with section 9/- of this title$ nor for entries and administrati"e ins!ections (including sei4ures of !ro!erty) ( (1) with the consent of the owner$ o!erator$ or agent in charge of the controlled !remises; (#) in situations !resenting imminent danger to health or safety; (%) in situations in"ol"ing ins!ection of con"eyances where there is reasonable cause to belie"e that the mobility of the con"eyance makes it im!racticable to obtain a warrant; (*) in any other e5ce!tional or emergency circumstance where time or o!!ortunity to a!!ly for a warrant is lacking; or (,) in any other situations where a warrant is not constitutionally re:uired. /!0 A!4inistrati2e ins&e"tion 8arrants- iss$an"e- e7e"$tion- &ro%a%le "a$se 'ssuance and e5ecution of administrati"e ins!ection warrants shall be as follows: (1) Any &udge of the 0nited States or of a State court of record$ or any 0nited States magistrate &udge$ may$ within his territorial &urisdiction$ and u!on !ro!er oath or affirmation showing !robable cause$ issue warrants for the !ur!ose of conducting administrati"e ins!ections authori4ed by this subcha!ter or regulations thereunder$ and sei4ures of !ro!erty a!!ro!riate to such ins!ections. .or the !ur!oses of this section$ the term ''!robable cause'' means a "alid !ublic interest in the effecti"e enforcement of this subcha!ter or regulations thereunder

sufficient to &ustify administrati"e ins!ections of the area$ !remises$ building$ or con"eyance$ or contents thereof$ in the circumstances s!ecified in the a!!lication for the warrant. (#) A warrant shall issue only u!on an affida"it of an officer or em!loyee ha"ing knowledge of the facts alleged$ sworn to before the &udge or magistrate &udge and establishing the grounds for issuing the warrant. 'f the &udge or magistrate &udge is satisfied that grounds for the a!!lication e5ist or that there is !robable cause to belie"e they e5ist$ he shall issue a warrant identifying the area$ !remises$ building$ or con"eyance to be ins!ected$ the !ur!ose of such ins!ection$ and$ where a!!ro!riate$ the ty!e of !ro!erty to be ins!ected$ if any. The warrant shall identify the items or ty!es of !ro!erty to be sei4ed$ if any. The warrant shall be directed to a !erson authori4ed under subsection (b)(#) of this section to e5ecute it. The warrant shall state the grounds for its issuance and the name of the !erson or !ersons whose affida"it has been taken in su!!ort thereof. 't shall command the !erson to whom it is directed to ins!ect the area$ !remises$ building$ or con"eyance identified for the !ur!ose s!ecified$ and$ where a!!ro!riate$ shall direct the sei4ure of the !ro!erty s!ecified. The warrant shall direct that it be ser"ed during normal business hours. 't shall designate the &udge or magistrate &udge to whom it shall be returned. (%) A warrant issued !ursuant to this section must be e5ecuted and returned within ten days of its date unless$ u!on a showing by the 0nited States of a need therefor$ the &udge or magistrate &udge allows additional time in the warrant. 'f !ro!erty is sei4ed !ursuant to a warrant$ the !erson e5ecuting the warrant shall gi"e to the !erson from whom or from whose !remises the !ro!erty was taken a co!y of the warrant and a recei!t for the !ro!erty taken or shall lea"e the co!y and recei!t at the !lace from which the !ro!erty was taken. The return of the warrant shall be made !rom!tly and shall be accom!anied by a written in"entory of any !ro!erty taken. The in"entory shall be made in the !resence of the !erson e5ecuting the warrant and of the !erson from whose !ossession or !remises the !ro!erty was taken$ if they are !resent$ or in the !resence of at least one credible !erson other than the !erson making such in"entory$ and shall be "erified by the !erson e5ecuting the warrant. The &udge or magistrate &udge$ u!on re:uest$ shall deli"er a co!y of the in"entory to the !erson from whom or from whose !remises the !ro!erty was taken and the a!!licant for the warrant. (*) The &udge or magistrate &udge who has issued a warrant under this section shall attach to the warrant a co!y of the return and all !a!ers filed in connection therewith and shall file them with the clerk of the district court of the 0nited States for the &udicial district in which the ins!ection was made. 881. 3or eit$res. /a0 S$%De"t &ro&ert' The following shall be sub&ect to forfeiture to the 0nited States and no !ro!erty right shall e5ist in them: (1) All controlled substances which ha"e been manufactured$ distributed$ dis!ensed$ or ac:uired in "iolation of this subcha!ter. (#) All raw materials$ !roducts$ and e:ui!ment of any kind which are used$ or intended for use$ in manufacturing$ com!ounding$ !rocessing$ deli"ering$ im!orting$ or

e5!orting any controlled substance in "iolation of this subcha!ter. (%) All !ro!erty which is used$ or intended for use$ as a container for !ro!erty described in !aragra!h (1)$ (#)$ or (3). (*) All con"eyances$ including aircraft$ "ehicles$ or "essels$ which are used$ or are intended for use$ to trans!ort$ or in any manner to facilitate the trans!ortation$ sale$ recei!t$ !ossession$ or concealment of !ro!erty described in !aragra!h (1)$ (#)$ or (3)$ e5ce!t that ( (A) no con"eyance used by any !erson as a common carrier in the transaction of business as a common carrier shall be forfeited under the !ro"isions of this section unless it shall a!!ear that the owner or other !erson in charge of such con"eyance was a consenting !arty or !ri"y to a "iolation of this subcha!ter or subcha!ter '' of this cha!ter; ()) no con"eyance shall be forfeited under the !ro"isions of this section by reason of any act or omission established by the owner thereof to ha"e been committed or omitted by any !erson other than such owner while such con"eyance was unlawfully in the !ossession of a !erson other than the owner in "iolation of the criminal laws of the 0nited States$ or of any State; and (C) no con"eyance shall be forfeited under this !aragra!h to the e5tent of an interest of an owner$ by reason of any act or omission established by that owner to ha"e been committed or omitted without the knowledge$ consent$ or willful blindness of the owner. (,) All books$ records$ and research$ including formulas$ microfilm$ ta!es$ and data which are used$ or intended for use$ in "iolation of this subcha!ter. (-) All moneys$ negotiable instruments$ securities$ or other things of "alue furnished or intended to be furnished by any !erson in e5change for a controlled substance in "iolation of this subcha!ter$ all !roceeds traceable to such an e5change$ and all moneys$ negotiable instruments$ and securities used or intended to be used to facilitate any "iolation of this subcha!ter$ e5ce!t that no !ro!erty shall be forfeited under this !aragra!h$ to the e5tent of the interest of an owner$ by reason of any act or omission established by that owner to ha"e been committed or omitted without the knowledge or consent of that owner. (/) All real !ro!erty$ including any right$ title$ and interest (including any leasehold interest) in the whole of any lot or tract of land and any a!!urtenances or im!ro"ements$ which is used$ or intended to be used$ in any manner or !art$ to commit$ or to facilitate the commission of$ a "iolation of this subcha!ter !unishable by more than one year's im!risonment$ e5ce!t that no !ro!erty shall be forfeited under this !aragra!h$ to the e5tent of an interest of an owner$ by reason of any act or omission established by that owner to ha"e been committed or omitted without the knowledge or consent of that owner. (9) All controlled substances which ha"e been !ossessed in "iolation of this subcha!ter. (3) All listed chemicals$ all drug manufacturing e:ui!ment$ all tableting machines$ all enca!sulating machines$ and all gelatin ca!sules$ which ha"e been im!orted$ e5!orted$ manufactured$ !ossessed$ distributed$ or intended to be distributed$ im!orted$ or e5!orted$ in "iolation of a felony !ro"ision of this subcha!ter or

subcha!ter '' of this cha!ter. (18) Any drug !ara!hernalia (as defined in section 19## of the ail Arder 2rug 6ara!hernalia Control Act). (.AAT1AT= 1)(.AAT1AT= 1) Section 19## of the ail Arder 2rug 6ara!hernalia Control Act$ referred to in subsec. (a)(18)$ is section 19## of 6ub. +. 33(,/8$ title '$ Act. #/$ 139-$ 188 Stat. %#8/(,1$ which was re!ealed by 6ub. +. 181(-*/$ title GG'7$ Sec. #*81(d)$ 1o". #3$ 1338$ 18* Stat. *9,3. 6rior to re!eal$ subsec. (d) of section 19## of 6ub. +. 33(,/8$ which defined ''drug !ara!hernalia''$ was transferred to subsec. (d) of section *## of title '' of 6ub. +. 31(,1%$ the Controlled Substances Act. Section *## of 6ub. +. 31( ,1% is classified to section 9-% of this title. (11) Any firearm (as defined in section 3#1 of title 19) used or intended to be used to facilitate the trans!ortation$ sale$ recei!t$ !ossession$ or concealment of !ro!erty described in !aragra!h (1) or (#) and any !roceeds traceable to such !ro!erty. /%0 Sei:$re &$rs$ant to S$&&le4ental R$les or Certain A!4iralt' an! ;ariti4e Clai4s- iss$an"e o 8arrant a$thori:ing sei:$re Any !ro!erty sub&ect to ci"il forfeiture to the 0nited States under this subcha!ter may be sei4ed by the Attorney @eneral u!on !rocess issued !ursuant to the Su!!lemental ?ules for Certain Admiralty and aritime Claims by any district court of the 0nited States ha"ing &urisdiction o"er the !ro!erty$ e5ce!t that sei4ure without such !rocess may be made when ( (1) the sei4ure is incident to an arrest or a search under a search warrant or an ins!ection under an administrati"e ins!ection warrant; (#) the !ro!erty sub&ect to sei4ure has been the sub&ect of a !rior &udgment in fa"or of the 0nited States in a criminal in&unction or forfeiture !roceeding under this subcha!ter; (%) the Attorney @eneral has !robable cause to belie"e that the !ro!erty is directly or indirectly dangerous to health or safety; or (*) the Attorney @eneral has !robable cause to belie"e that the !ro!erty is sub&ect to ci"il forfeiture under this subcha!ter. 'n the e"ent of sei4ure !ursuant to !aragra!h (%) or (*) of this subsection$ !roceedings under subsection (d) of this section shall be instituted !rom!tly. The @o"ernment may re:uest the issuance of a warrant authori4ing the sei4ure of !ro!erty sub&ect to forfeiture under this section in the same manner as !ro"ided for a search warrant under the .ederal ?ules of Criminal 6rocedure. /"0 C$sto!' o Attorne' 1eneral 6ro!erty taken or detained under this section shall not be re!le"iable$ but shall be deemed to be in the custody of the Attorney @eneral$ sub&ect only to the orders and decrees of the court or the official ha"ing &urisdiction thereof. Fhene"er !ro!erty is sei4ed under any of the !ro"isions of this subcha!ter$ the Attorney @eneral may ( (1) !lace the !ro!erty under seal; (#) remo"e the !ro!erty to a !lace designated by him; or (%) re:uire that the @eneral Ser"ices Administration take custody of the !ro!erty and remo"e it$ if !racticable$ to an a!!ro!riate location for dis!osition in accordance with law. /!0 Other la8s an! &ro"ee!ings a&&li"a%le

The !ro"isions of law relating to the sei4ure$ summary and &udicial forfeiture$ and condemnation of !ro!erty for "iolation of the customs laws; the dis!osition of such !ro!erty or the !roceeds from the sale thereof; the remission or mitigation of such forfeitures; and the com!romise of claims shall a!!ly to sei4ures and forfeitures incurred$ or alleged to ha"e been incurred$ under any of the !ro"isions of this subcha!ter$ insofar as a!!licable and not inconsistent with the !ro"isions hereof; e5ce!t that such duties as are im!osed u!on the customs officer or any other !erson with res!ect to the sei4ure and forfeiture of !ro!erty under the customs laws shall be !erformed with res!ect to sei4ures and forfeitures of !ro!erty under this subcha!ter by such officers$ agents$ or other !ersons as may be authori4ed or designated for that !ur!ose by the Attorney @eneral$ e5ce!t to the e5tent that such duties arise from sei4ures and forfeitures effected by any customs officer. /e0 Dis&osition o or eite! &ro&ert' (1) Fhene"er !ro!erty is ci"illy or criminally forfeited under this subcha!ter the Attorney @eneral may ( (A) retain the !ro!erty for official use or$ in the manner !ro"ided with res!ect to transfers under section 1-1-a of title 13$ transfer the !ro!erty to any .ederal agency or to any State or local law enforcement agency which !artici!ated directly in the sei4ure or forfeiture of the !ro!erty; ()) e5ce!t as !ro"ided in !aragra!h (*)$ sell$ by !ublic sale or any other commercially feasible means$ any forfeited !ro!erty which is not re:uired to be destroyed by law and which is not harmful to the !ublic; (C) re:uire that the @eneral Ser"ices Administration take custody of the !ro!erty and dis!ose of it in accordance with law; (2) forward it to the )ureau of 1arcotics and 2angerous 2rugs for dis!osition (including deli"ery for medical or scientific use to any .ederal or State agency under regulations of the Attorney @eneral); or (=) transfer the forfeited !ersonal !ro!erty or the !roceeds of the sale of any forfeited !ersonal or real !ro!erty to any foreign country which !artici!ated directly or indirectly in the sei4ure or forfeiture of the !ro!erty$ if such a transfer ( (i) has been agreed to by the Secretary of State; (ii) is authori4ed in an international agreement between the 0nited States and the foreign country; and (iii) is made to a country which$ if a!!licable$ has been certified under section ##31&(b) of title ##. (#) (A) The !roceeds from any sale under sub!aragra!h ()) of !aragra!h (1) and any moneys forfeited under this subcha!ter shall be used to !ay ( (i) all !ro!erty e5!enses of the !roceedings for forfeiture and sale including e5!enses of sei4ure$ maintenance of custody$ ad"ertising$ and court costs; and

(ii) awards of u! to H188$888 to any indi"idual who !ro"ides original information which leads to the arrest and con"iction of a !erson who kills or kidna!s a .ederal drug law enforcement agent. Any award !aid for information concerning the killing or kidna!!ing of a .ederal drug law enforcement agent$ as !ro"ided in clause (ii)$ shall be !aid at the discretion of the Attorney @eneral. ()) The Attorney @eneral shall forward to the Treasurer of the 0nited States for de!osit in accordance with section ,#*(c) of title #9$ any amounts of such moneys and !roceeds remaining after !ayment of the e5!enses !ro"ided in sub!aragra!h (A)$ e5ce!t that$ with res!ect to forfeitures conducted by the 6ostal Ser"ice$ the 6ostal Ser"ice shall de!osit in the 6ostal Ser"ice .und$ under section #88%(b)(/) of title %3$ such moneys and !roceeds. (%) The Attorney @eneral shall assure that any !ro!erty transferred to a State or local law enforcement agency under !aragra!h (1)(A) ( (A) has a "alue that bears a reasonable relationshi! to the degree of direct !artici!ation of the State or local agency in the law enforcement effort resulting in the forfeiture$ taking into account the total "alue of all !ro!erty forfeited and the total law enforcement effort with res!ect to the "iolation of law on which the forfeiture is based; and ()) will ser"e to encourage further coo!eration between the reci!ient State or local agency and .ederal law enforcement agencies. (*) (A) Fith res!ect to real !ro!erty described in sub!aragra!h ())$ if the chief e5ecuti"e officer of the State in"ol"ed submits to the Attorney @eneral a re:uest for !ur!oses of such sub!aragra!h$ the authority established in such sub!aragra!h is in lieu of the authority established in !aragra!h (1)()). ()) 'n the case of !ro!erty described in !aragra!h (1)()) that is ci"illy or criminally forfeited under this subcha!ter$ if the !ro!erty is real !ro!erty that is a!!ro!riate for use as a !ublic area reser"ed for recreational or historic !ur!oses or for the !reser"ation of natural conditions$ the Attorney @eneral$ u!on the re:uest of the chief e5ecuti"e officer of the State in which the !ro!erty is located$ may transfer title to the !ro!erty to the State$ either without charge or for a nominal charge$ through a legal instrument !ro"iding that ( (i) such use will be the !rinci!al use of the !ro!erty; and (ii) title to the !ro!erty re"erts to the 0nited States in the e"ent that the !ro!erty is used otherwise. / 0 3or eit$re an! !estr$"tion o s"he!$le I an! II s$%stan"es (1) All controlled substances in schedule ' or '' that are !ossessed$ transferred$ sold$ or offered for sale in "iolation of the !ro"isions of this subcha!ter; all dangerous$ to5ic$ or ha4ardous raw materials or !roducts sub&ect to forfeiture under subsection (a)(#) of this section; and any e:ui!ment or

container sub&ect to forfeiture under subsection (a)(#) or (%) of this section which cannot be se!arated safely from such raw materials or !roducts shall be deemed contraband and sei4ed and summarily forfeited to the 0nited States. Similarly$ all substances in schedule ' or ''$ which are sei4ed or come into the !ossession of the 0nited States$ the owners of which are unknown$ shall be deemed contraband and summarily forfeited to the 0nited States. (#) The Attorney @eneral may direct the destruction of all controlled substances in schedule ' or '' sei4ed for "iolation of this subcha!ter; all dangerous$ to5ic$ or ha4ardous raw materials or !roducts sub&ect to forfeiture under subsection (a)(#) of this section; and any e:ui!ment or container sub&ect to forfeiture under subsection (a)(#) or (%) of this section which cannot be se!arated safely from such raw materials or !roducts under such circumstances as the Attorney @eneral may deem necessary. /g0 Plants (1) All s!ecies of !lants from which controlled substances in schedules ' and '' may be deri"ed which ha"e been !lanted or culti"ated in "iolation of this subcha!ter$ or of which the owners or culti"ators are unknown$ or which are wild growths$ may be sei4ed and summarily forfeited to the 0nited States. (#) The failure$ u!on demand by the Attorney @eneral or his duly authori4ed agent$ of the !erson in occu!ancy or in control of land or !remises u!on which such s!ecies of !lants are growing or being stored$ to !roduce an a!!ro!riate registration$ or !roof that he is the holder thereof$ shall constitute authority for the sei4ure and forfeiture. (%) The Attorney @eneral$ or his duly authori4ed agent$ shall ha"e authority to enter u!on any lands$ or into any dwelling !ursuant to a search warrant$ to cut$ har"est$ carry off$ or destroy such !lants. /h0 Vesting o title in Unite! States All right$ title$ and interest in !ro!erty described in subsection (a) of this section shall "est in the 0nited States u!on commission of the act gi"ing rise to forfeiture under this section. /i0 Sta' o "i2il or eit$re &ro"ee!ings The filing of an indictment or information alleging a "iolation of this subcha!ter or subcha!ter '' of this cha!ter$ or a "iolation of State or local law that could ha"e been charged under this subcha!ter or subcha!ter '' of this cha!ter$ which is also related to a ci"il forfeiture !roceeding under this section shall$ u!on motion of the 0nited States and for good cause shown$ stay the ci"il forfeiture !roceeding. /D0 Ven$e 'n addition to the "enue !ro"ided for in section 1%3, of title #9 or any other !ro"ision of law$ in the case of !ro!erty of a defendant charged with a "iolation that is the basis for forfeiture of the !ro!erty under this section$ a !roceeding for forfeiture under this section may be brought in the &udicial district in which the defendant owning such !ro!erty is found or in the &udicial district in which the criminal !rosecution is brought. (l) (.AAT1AT= #) Agreement between Attorney @eneral and 6ostal Ser"ice for !erformance of functions (.AAT1AT= #) So in original. 1o subsec. (k) has been

enacted. The functions of the Attorney @eneral under this section shall be carried out by the 6ostal Ser"ice !ursuant to such agreement as may be entered into between the Attorney @eneral and the 6ostal Ser"ice. 881-15 881a. Trans erre!. 88(. InD$n"tions. /a0 E$ris!i"tion The district courts of the 0nited States and all courts e5ercising general &urisdiction in the territories and !ossessions of the 0nited States shall ha"e &urisdiction in !roceedings in accordance with the .ederal ?ules of Ci"il 6rocedure to en&oin "iolations of this subcha!ter. /%0 E$r' trial 'n case of an alleged "iolation of an in&unction or restraining order issued under this section$ trial shall$ u!on demand of the accused$ be by a &ury in accordance with the .ederal ?ules of Ci"il 6rocedure. 88). .n or"e4ent &ro"ee!ings. )efore any "iolation of this subcha!ter is re!orted by the Administrator of the 2rug =nforcement Administration to any 0nited States attorney for institution of a criminal !roceeding$ the Administrator may re:uire that the !erson against whom such !roceeding is contem!lated is gi"en a!!ro!riate notice and an o!!ortunity to !resent his "iews$ either orally or in writing$ with regard to such contem!lated !roceeding. 88<. I44$nit' an! &ri2ilege. /a0 Re $sal to testi ' Fhene"er a witness refuses$ on the basis of his !ri"ilege against self(incrimination$ to testify or !ro"ide other information in a !roceeding before a court or grand &ury of the 0nited States$ in"ol"ing a "iolation of this subcha!ter$ and the !erson !residing o"er the !roceeding communicates to the witness an order issued under this section$ the witness may not refuse to com!ly with the order on the basis of his !ri"ilege against self( incrimination. )ut no testimony or other information com!elled under the order issued under subsection (b) of this section or any information obtained by the e5!loitation of such testimony or other information$ may be used against the witness in any criminal case$ including any criminal case brought in a court of a State$ e5ce!t a !rosecution for !er&ury$ gi"ing a false statement$ or otherwise failing to com!ly with the order. /%0 Or!er o Unite! States !istri"t "o$rt 'n the case of any indi"idual who has been or may be called to testify or !ro"ide other information at any !roceeding before a court or grand &ury of the 0nited States$ the 0nited States district court for the &udicial district in which the !roceeding is or may be held shall issue$ u!on the re:uest of the 0nited States attorney for such district$ an order re:uiring such indi"idual to gi"e any testimony or !ro"ide any other information which he refuses to gi"e or !ro"ide on the basis of his !ri"ilege against self( incrimination. /"0 Re6$est %' Unite! States attorne' A 0nited States attorney may$ with the a!!ro"al of the Attorney @eneral or the 2e!uty

Attorney @eneral$ the Associate Attorney @eneral$ or any Assistant Attorney @eneral designated by the Attorney @eneral$ re:uest an order under subsection (b) of this section when in his &udgment ( (1) the testimony or other information from such indi"idual may be necessary to the !ublic interest; and (#) such indi"idual has refused or is likely to refuse to testify or !ro"ide other information on the basis of his !ri"ilege against self(incrimination. 88?. *$r!en o &roo - lia%ilities. /a0 .7e4&tions an! e7"e&tions- &res$4&tion in si4&le &ossession o enses (1) 't shall not be necessary for the 0nited States to negati"e any e5em!tion or e5ce!tion set forth in this subcha!ter in any com!laint$ information$ indictment$ or other !leading or in any trial$ hearing$ or other !roceeding under this subcha!ter$ and the burden of going forward with the e"idence with res!ect to any such e5em!tion or e5ce!tion shall be u!on the !erson claiming its benefit. (#) 'n the case of a !erson charged under section 9**(a) of this title with the !ossession of a controlled substance$ any label identifying such substance for !ur!oses of section %,%(b)(#) of this title shall be admissible in e"idence and shall be !rima facie e"idence that such substance was obtained !ursuant to a "alid !rescri!tion from a !ractitioner while acting in the course of his !rofessional !ractice. /%0 Registration an! or!er or4s 'n the absence of !roof that a !erson is the duly authori4ed holder of an a!!ro!riate registration or order form issued under this subcha!ter$ he shall be !resumed not to be the holder of such registration or form$ and the burden of going forward with the e"idence with res!ect to such registration or form shall be u!on him. /"0 Use o 2ehi"les5 2essels5 an! air"ra t The burden of going forward with the e"idence to establish that a "ehicle$ "essel$ or aircraft used in connection with controlled substances in schedule ' was used in accordance with the !ro"isions of this subcha!ter shall be on the !ersons engaged in such use. /!0 I44$nit' o 3e!eral5 State5 lo"al an! other o i"ials =5ce!t as !ro"ided in section ##%* and ##%, of title 19$ no ci"il or criminal liability shall be im!osed by "irtue of this subcha!ter u!on any duly authori4ed .ederal officer lawfully engaged in the enforcement of this subcha!ter$ or u!on any duly authori4ed officer of any State$ territory$ !olitical subdi"ision thereof$ the 2istrict of Columbia$ or any !ossession of the 0nited States$ who shall be lawfully engaged in the enforcement of any law or munici!al ordinance relating to controlled substances. 88@. Pa'4ents an! a!2an"es. /a0 Pa'4ent to in or4ers The Attorney @eneral is authori4ed to !ay any !erson$ from funds a!!ro!riated for the 2rug =nforcement Administration$ for information concerning a "iolation of this subcha!ter$ such sum or sums of money as he may deem a!!ro!riate$ without reference to any moieties or rewards to which such !erson may otherwise be entitled by

law. /%0 Rei4%$rse4ent or &$r"hase o "ontrolle! s$%stan"es oneys e5!ended from a!!ro!riations of the 2rug =nforcement Administration for !urchase of controlled substances and subse:uently reco"ered shall be reimbursed to the current a!!ro!riation for the Administration. (.AAT1AT= 1) (.AAT1AT= 1) 'n subsec. (b)$ ''Administration'' substituted for '')ureau'' as the !robable intent of Congress in "iew of amendment by 6ub. +. 3-(1%#$ which substituted references to the 2rug =nforcement Administration for references to the )ureau of 1arcotics and 2angerous 2rugs where"er a!!earing in te5t. /"0 A!2an"e o $n!s or en or"e4ent &$r&oses The Attorney @eneral is authori4ed to direct the ad"ance of funds by the Treasury 2e!artment in connection with the enforcement of this subcha!ter. /!0 Dr$g Poll$tion 3$n! (1) There is established in the Treasury a trust fund to be known as the ''2rug 6ollution .und'' (hereinafter referred to in this subsection as the ''.und'')$ consisting of amounts a!!ro!riated or credited to such .und under section 9*1(b)(-) of this title. (#) There are hereby a!!ro!riated to the .und amounts e:ui"alent to the fines im!osed under section 9*1(b)(-) of this title. (%) Amounts in the .und shall be a"ailable$ as !ro"ided in a!!ro!riations Acts$ for the !ur!ose of making !ayments in accordance with !aragra!h (*) for the clean u! of certain !ollution resulting from the actions referred to in section 9*1(b)(-) of this title. (*) (A) The Secretary of the Treasury$ after consultation with the Attorney @eneral$ shall make !ayments under !aragra!h (%)$ in such amounts as the Secretary determines a!!ro!riate$ to the heads of e5ecuti"e agencies or de!artments that meet the re:uirements of sub!aragra!h ()). ()) 'n order to recei"e a !ayment under !aragra!h (%)$ the head of an e5ecuti"e agency or de!artment shall submit an a!!lication in such form and containing such information as the Secretary of the Treasury shall by regulation re:uire. Such a!!lication shall contain a descri!tion of the fine im!osed under section 9*1(b)(-) of this title$ the circumstances surrounding the im!osition of such fine$ and the ty!e and se"erity of !ollution that resulted from the actions to which such fine a!!lies. (,) .or !ur!oses of subcha!ter ) of cha!ter 39 of title #-$ the .und established under this !aragra!h shall be treated in the same manner as a trust fund established under subcha!ter A of such cha!ter. 88@a. Di2ersion Control 3ee A""o$nt. There is established in the general fund of the Treasury a se!arate account which shall be known as the 2i"ersion Control .ee Account. .or fiscal year 133% and thereafter: (1) There shall be de!osited as offsetting recei!ts into that account all fees collected

by the 2rug =nforcement Administration$ in e5cess of H1,$888$888$ for the o!eration of its di"ersion control !rogram. (#) Such amounts as are de!osited into the 2i"ersion Control .ee Account shall remain a"ailable until e5!ended and shall be refunded out of that account by the Secretary of the Treasury$ at least on a :uarterly basis$ to reimburse the 2rug =nforcement Administration for e5!enses incurred in the o!eration of the di"ersion control !rogram. (%) .ees charged by the 2rug =nforcement Administration under its di"ersion control !rogram shall be set at a le"el that ensures the reco"ery of the full costs of o!erating the "arious as!ects of that !rogram. (*) The amount re:uired to be refunded from the 2i"ersion Control .ee Account for fiscal year 133* and thereafter shall be refunded in accordance with estimates made in the budget re:uest of the Attorney @eneral for those fiscal years. Any !ro!osed changes in the amounts designated in said budget re:uests shall only be made after notification to the Committees on A!!ro!riations of the <ouse of ?e!resentati"es and the Senate fifteen days in ad"ance. (,) The Attorney @eneral shall !re!are and submit annually to the Congress$ statements of financial condition of the account$ including the beginning balance$ recei!ts$ refunds to a!!ro!riations$ transfers to the general fund$ and the ending balance. 88>. Coor!ination an! "onsoli!ation o &ost-sei:$re a!4inistration. The Attorney @eneral and the Secretary of the Treasury shall take such action as may be necessary to de"elo! and maintain a &oint !lan to coordinate and consolidate !ost( sei4ure administration of !ro!erty sei4ed under this subcha!ter$ subcha!ter '' of this cha!ter$ or !ro"isions of the customs laws relating to controlled substances. 888. .7&e!ite! &ro"e!$res or sei:e! "on2e'an"es. /a0 Petition or e7&e!ite! !e"ision- !eter4ination (1) The owner of a con"eyance may !etition the Attorney @eneral for an e5!edited decision with res!ect to the con"eyance$ if the con"eyance is sei4ed for a drug(related offense and the owner has filed the re:uisite claim and cost bond in the manner !ro"ided in section 1-89 of title 13. The Attorney @eneral shall make a determination on a !etition under this section e5!editiously$ including a determination of any rights or defenses a"ailable to the !etitioner. 'f the Attorney @eneral does not grant or deny a !etition under this section within #8 days after the date on which the !etition is filed$ the con"eyance shall be returned to the owner !ending further forfeiture !roceedings. (#) Fith res!ect to a !etition under this section$ the Attorney @eneral may ( (A) deny the !etition and retain !ossession of the con"eyance; ()) grant the !etition$ mo"e to dismiss the forfeiture action$ if filed$ and !rom!tly release the con"eyance to the owner; or (C) ad"ise the !etitioner that there is not ade:uate information a"ailable to determine the !etition and !rom!tly release the con"eyance to the owner. (%) ?elease of a con"eyance under subsection (a)(1) or (a)(#)(C) of this section

does not affect any forfeiture action with res!ect to the con"eyance. (*) The Attorney @eneral shall !rescribe regulations to carry out this section. /%0 =ritten noti"e o &ro"e!$res At the time of sei4ure$ the officer making the sei4ure shall furnish to any !erson in !ossession of the con"eyance a written notice s!ecifying the !rocedures under this section. At the earliest !racticable o!!ortunity after determining ownershi! of the sei4ed con"eyance$ the head of the de!artment or agency that sei4es the con"eyance shall furnish a written notice to the owner and other interested !arties (including lienholders) of the legal and factual basis of the sei4ure. /"0 Co4&laint or or eit$re 1ot later than -8 days after a claim and cost bond ha"e been filed under section 1-89 of title 13 regarding a con"eyance sei4ed for a drug(related offense$ the Attorney @eneral shall file a com!laint for forfeiture in the a!!ro!riate district court$ e5ce!t that the court may e5tend the !eriod for filing for good cause shown or on agreement of the !arties. 'f the Attorney @eneral does not file a com!laint as s!ecified in the !receding sentence$ the court shall order the return of the con"eyance to the owner and the forfeiture may not take !lace. /!0 *on! or release o "on2e'an"e Any owner of a con"eyance sei4ed for a drug(related offense may obtain release of the con"eyance by !ro"iding security in the form of a bond to the Attorney @eneral in an amount e:ual to the "alue of the con"eyance unless the Attorney @eneral determines the con"eyance should be retained (1) as contraband$ (#) as e"idence of a "iolation of law$ or (%) because$ by reason of design or other characteristic$ the con"eyance is !articularly suited for use in illegal acti"ities. 88B. Pro!$"tion "ontrol o "ontrolle! s$%stan"es. /a0 De initions As used in this section: (1) The term ''controlled substance'' has the same meaning gi"en such term in section 98#(-) of this title. (#) The term ''Secretary'' means the Secretary of Agriculture. (%) The term ''State'' means each of the fifty States$ the 2istrict of Columbia$ the Commonwealth of 6uerto ?ico$ @uam$ the 7irgin 'slands of the 0nited States$ American Samoa$ the Commonwealth of the 1orthern ariana 'slands$ or the Trust Territory of the 6acific 'slands. /%0 Persons ineligi%le or 3e!eral agri"$lt$ral &rogra4 %ene its 1otwithstanding any other !ro"ision of law$ following 2ecember #%$ 139,$ any !erson who is con"icted under .ederal or State law of !lanting$ culti"ation$ growing$ !roducing$ har"esting$ or storing a controlled substance in any cro! year shall be ineligible for ( (1) as to any commodity !roduced during that cro! year$ and the four succeeding cro! years$ by such !erson ( (A) any !rice su!!ort or !ayment made a"ailable under the Agricultural Act of 13*3 (/ 0.S.C. 1*#1 et se:.)$ the Commodity Credit Cor!oration Charter Act (1, 0.S.C. /1* et se:.)$ or any other Act; ()) a farm storage facility loan made under section *(h) of the Commodity

Credit Cor!oration Charter Act (1, 0.S.C. /1*b(h)); (C) cro! insurance under the .ederal Cro! 'nsurance Act (/ 0.S.C. 1,81 et se:.); (2) a disaster !ayment made under the Agricultural Act of 13*3 (/ 0.S.C. 1*#1 et se:.); or (=) a loan made$ insured or guaranteed under the Consolidated .arm and ?ural 2e"elo!ment Act (/ 0.S.C. 13#1 et se:.) or any other !ro"ision of law administered by the .armers <ome Administration; or (#) a !ayment made under section * or , of the Commodity Credit Cor!oration Charter Act (1, 0.S.C. /1*b or /1*c) for the storage of an agricultural commodity that is ( (A) !roduced during that cro! year$ or any of the four succeeding cro! years$ by such !erson; and ()) ac:uired by the Commodity Credit Cor!oration. /"0 Reg$lations 1ot later than 198 days after 2ecember #%$ 139,$ the Secretary shall issue such regulations as the Secretary determines are necessary to carry out this section$ including regulations that ( (1) define the term ''!erson''; (#) go"ern the determination of !ersons who shall be ineligible for !rogram benefits under this section; and (%) !rotect the interests of tenants and sharecro!!ers. ?eturn to to!

PART 3 A!2isor' Co44ission

/a0 There is established a commission to be known as the Commission on arihuana and 2rug Abuse (hereafter in this section referred to as the 'Commission'). The Commission shall be com!osed of ( (1) two embers of the Senate a!!ointed by the 6resident of the Senate; (#) two embers of the <ouse of ?e!resentati"es a!!ointed by the S!eaker of the <ouse of ?e!resentati"es; and (%) nine members a!!ointed by the 6resident of the 0nited States. At no time shall more than one of the members a!!ointed under !aragra!h (1)$ or more than one of the members a!!ointed under !aragra!h (#)$ or more than fi"e of the members a!!ointed under !aragra!h (%) be members of the same !olitical !arty. /%0 /Chair4an- Vi"e Chair4an- "o4&ensation o 4e4%ers- 4eetings0 (1) The 6resident shall designate one of the members of the Commission as Chairman and one as 7ice Chairman. Se"en members of the Commission shall constitute a :uorum$ but a lesser number may conduct hearings. (#) embers of the Commission who are embers of Congress or full(time officers or em!loyees of the 0nited States shall ser"e without additional com!ensation but shall be reimbursed for tra"el$ subsistence$ and other

necessary e5!enses incurred in the !erformance of the duties "ested in the Commission. embers of the Commission from !ri"ate life shall recei"e H188 !er diem while engaged in the actual !erformance of the duties "ested in the Commission$ !lus reimbursement for tra"el$ subsistence$ and other necessary e5!enses incurred in the !erformance of such duties. (%) The Commission shall meet at the call of the Chairman or at the call of a ma&ority of the members thereof. /"0 /Personnel- e7&erts- in or4ation ro4 !e&art4ents an! agen"ies ) (1) The Commission shall ha"e the !ower to a!!oint and fi5 the com!ensation of such !ersonnel as it deems ad"isable$ without regard to the !ro"isions of title ,$ 0nited States Code$ go"erning a!!ointments in the com!etiti"e ser"ice$ and the !ro"isions of cha!ter ,1 and subcha!ter ''' of cha!ter ,% of such title$ relating to classification and @eneral Schedule !ay rates. (#) The Commission may !rocure$ in accordance with the !ro"isions of section %183 of title ,$ 0nited States Code$ the tem!orary or intermittent ser"ices of e5!erts or consultants. 6ersons so em!loyed shall recei"e com!ensation at a rate to be fi5ed by the Commission$ but not in e5cess of H/, !er diem$ including tra"eltime. Fhile away from his home or regular !lace of business in the !erformance of ser"ices for the Commission$ any such !erson may be allowed tra"el e5!enses$ including !er diem in lieu of subsistence$ as authori4ed by section ,/8%(b) of title ,$ 0nited States Code$ for !ersons in the @o"ernment ser"ice em!loyed intermittently. (%) The Commission may secure directly from any de!artment or agency of the 0nited States information necessary to enable it to carry out its duties under this section. 0!on re:uest of the Chairman of the Commission$ such de!artment or agency shall furnish such information to the Commission. /!0 /;arih$ana st$!'- re&ort to the Presi!ent an! the Congress0 (1) The Commission shall conduct a study of marihuana including$ but not limited to$ the following areas: (A) the e5tent of use of marihuana in the 0nited States to include its "arious sources of users$ number of arrests$ number of con"ictions$ amount of marihuana sei4ed$ ty!e of user$ nature of use; ()) an e"aluation of the efficacy of e5isting marihuana laws; (C) a study of the !harmacology of marihuana and its immediate and long(term effects$ both !hysiological and !sychological; (2) the relationshi! of marihuana use to aggressi"e beha"ior and crime; (=) the relationshi! between marihuana and the use of other drugs; and (.) the international control of marihuana. (#) Fithin one year after the date on which funds first become a"ailable to carry out this section$ the Commission shall submit to the 6resident and the Congress a com!rehensi"e re!ort on its study and in"estigation under this subsection which shall include its recommendations and such !ro!osals for legislation and administrati"e action as may be necessary to carry out its recommendations.

 /e0 /St$!' an! in2estigation o "a$ses o !r$g a%$se- re&ort to the Presi!ent an! the Congress- ter4ination o Co44ission0 The Commission shall conduct a com!rehensi"e study and in"estigation of the causes of drug abuse and their relati"e significance. The Commission shall submit to the 6resident and the Congress such interim re!orts as it deems ad"isable and shall within two years after the date on which funds first become a"ailable to carry out this section submit to the 6resident and the Congress a final re!ort which shall contain a detailed statement of its findings and conclusions and also such recommendations for legislation and administrati"e actions as it deems a!!ro!riate. The Commission shall cease to e5ist si5ty days after the final re!ort is submitted under this subsection. / 0 /,i4itation on e7&en!it$res0 Total e5!enditures of the Commission shall not e5ceed H*$888$888.'' ?eturn to to!

Part 1 - Con or4ing5 Transitional an! . e"ti2e Date5 an! 1eneral Pro2isions
>01 Re&eals an! Con or4ing A4en!4ents (a) Sections #81(")$ %81(:)$ and ,11 of the .ederal .ood$ 2rug and Cosmetic Act (#1 0SC %#1(")$ %%1(:)$ %-8(a)) are re!ealed. (b) Subsections (a) and (b) of section %8% of the .ederal .ood$ 2rug and Cosmetic Act (#1 0SC %%%) are amended to read as follows: .ederal .ood$ 2rug and Cosmetic Act (#1 0SC %%%) (a) 7iolation of section %%1 of this title; second "iolation; intent to defraud or mislead (1) Any !erson who "iolates a !ro"ision of section %%1 of this title shall be im!risoned for not more than one year or fined not more than H1$888$ or both. (#) 1otwithstanding the !ro"isions of !aragra!h (1) of this section$ (.AAT1AT= 1) if any !erson commits such a "iolation after a con"iction of him under this section has become final$ or commits such a "iolation with the intent to defraud or mislead$ such !erson shall be im!risoned for not more than three years or fined not more than H18$888$ or both. (.AAT1AT= 1) So in original. Fords ''of this section'' !robably should not a!!ear. (c) Section %8*(a)(#) of the .ederal .ood$ 2rug and Cosmetic Act (#1 0SC %%*) amended in 13/8 ( Subsec. (a)(#). 6ub. +. 31(,1%$ Sec. /81(c)$ struck out cls. (A) and (2) which dealt with de!ressant or stimulant drugs$ struck out reference to de!ressant or stimulant drugs in cl. (C)$ and redesignated cls. ())$ (C)$ and (=) as cls. (A)$ ())$ and (C)$ res!ecti"ely. (d) Section %8*(d)(%)(iii). of the .ederal .ood$ 2rug and Cosmetic Act (#1 0SC %%*(d)

(%)(iii)) 6ub. +. 31(,1%$ Sec. /81(d)$ struck out reference to de!ressant or stimulant drugs. (e) Section ,18 of the .ederal .ood$ 2rug and Cosmetic Act (#1 0SC %-8) is amended (1) in Subsec. (a) by striking out !aragra!h (#)$ and by inserting JandJ at the end of !aragra!h (1)$ and by redesignating !aragra!h (%) as !aragra!h (#); (#) Subsec. (b). 6ub. +. 31(,1% struck out !ro"isions co"ering establishments engaged in the wholesaling$ &obbing$ or distributing of de!ressant or stimulant drugs and the inclusion of the fact of such acti"ity in the annual registration; (%) by striking out the last sentence of subsection (b); (*) Subsec. (c). 6ub. +. 31(,1% struck out !ro"isions co"ering new registrations of !ersons first engaging in the wholesaling$ &obbing$ or distributing of de!ressant or stimulant drugs and the inclusion of the fact of such acti"ity in the registration; (,) by striking out the last sentence of subsection (c); (-) by striking out J1)J in subsection (d) and by inserting a !eriod after Jdrug or drugsJ in that subsection and deleting the remainder of that subsection; and (/) by striking out Jand certain wholesalersJ in the section heading. (f) Sec /8# of the .ederal .ood$ 2rug and Cosmetic Act (#1 0SC %/#) is amended 13/8 ( Subsec. (e). 6ub. +. 31(,1% struck out reference to de!ressant or stimulant drugs. (g) Section #81(a)(#) of the .ederal .ood$ 2rug and Cosmetic Act (#1 0SC %#1(a)(#)) is amended by inserting a !eriod after JCanal BoneJ the first time these words a!!ear and deleting all thereafter in such section #81(a)(#). (h) The last sentence of Section 981(a) of the .ederal .ood$ 2rug and Cosmetic Act (#1 0SC %91(a) is amended (1) by striking out JThis !aragra!hJ and inserting in lieu thereof JClause (#) of the third sentence of this !aragra!h$J and (#) by striking out Jsection # of the Act of ay #-$ 13##$ as amended (0SC 13%*$ edition$ title #1$ sec 1/%)J and inserting in lieu thereof Jthe Controlled Substances 'm!ort and =5!ort Act.J (i) (1) Section 111* of title 19$ 0nited States Code$ is amended by striking out Jthe )ureau of 1arcoticsJ and inserting in lieu thereof Jthe )ureau of 1arcotics and 2angerous 2rugsJ. (#) Section 13,# of such title is amended( (A) by inserting in subsection (b)(1) Jor controlled substances (as defined in section 18#(-) of the Controlled Substances Act)J immediately following JnarcoticsJ; and ()) by striking out Jor narcoticsJ in subsection (c). (&) Subsection (a) of section %8# of the 6ublic <ealth Ser"ice Act (*# 0SC #*#(a)) is amended to read as follows: (a) 'n carrying out the !ur!oses of section #*1 of this title with res!ect to drugs the use or misuse of which might result in drug abuse or de!endency$ the studies and in"estigations authori4ed therein shall include the use and misuse of narcotic drugs and other drugs. Such studies and in"estigations shall further include the :uantities of crude o!ium$ coca lea"es$ and their salts$ deri"ati"es$ and !re!arations$ and other drugs sub&ect to control under the Controlled Substances

Act (#1 0.S.C. 981 et se:.) and Controlled Substances 'm!ort and =5!ort Act (#1 0.S.C. 3,1 et se:.)$ together with reser"es thereof$ necessary to su!!ly the normal and emergency medicinal and scientific re:uirements of the 0nited States. The results of studies and in"estigations of the :uantities of narcotic drugs or other drugs sub&ect to control under such Acts$ together with reser"es of such drugs$ that are necessary to su!!ly the normal and emergency medicinal and scientific re:uirements of the 0nited States$ shall be re!orted not later than the first day of A!ril of each year to the Attorney @eneral$ to be used at his discretion in determining manufacturing :uotas or im!ortation re:uirements under such Acts. >0( F)(1 noteG Pen!ing Pro"ee!ings (a) 6rosecutions for any "iolation of law occurring !rior to the effecti"e date (see =ffecti"e 2ate of 13/8 Amendment note abo"e) of section /81 (re!ealing section %-8a of this title$ and amending sections %#1$ %%1$ %%%$ %%*$ %-8$ %/#$ and %91 of this title$ sections 111* and 13,# of Title 19$ Crimes and Criminal 6rocedure$ and section #*# of Title *#$ The 6ublic <ealth and Felfare) shall not be affected by the re!eals or amendments made by such section$ or abated by reason thereof. (b) Ci"il sei4ures or forfeitures and in&uncti"e !roceedings commenced !rior to the effecti"e date of section /81 shall not be affected by the re!eals or amendments made by such section$ or abated by reason thereof. (c) All administrati"e !roceedings !ending before the )ureau of 1arcotics and 2angerous 2rugs (now the 2rug =nforcement Administration) on the date of enactment of this Act (Act. #/$ 13/8) shall be continued and brought to final determination in accord with laws and regulations in effect !rior to such date of enactment. Fhere a drug is finally determined under such !roceedings to be a de!ressant or stimulant drug$ as defined in section #81(") of the .ederal .ood$ 2rug$ and Cosmetic Act (!ar. (") of this section)$ such drug shall automatically be controlled under this title (subcha!ter ' of cha!ter 1% of this title) by the Attorney @eneral without further !roceedings and listed in the a!!ro!riate schedule after he has obtained the recommendation of the Secretary. Any drug with res!ect to which such a final determination has been made !rior to the date of enactment of this Act which is not listed in section #8# (section 91# of this title) within schedules ' through 7 shall automatically be controlled under this title (subcha!ter ' of cha!ter 1% of this title) by the Attorney @eneral without further !roceedings$ and be listed in the a!!ro!riate schedule$ after he has obtained the recommendations of the Secretary. (d) 1otwithstanding subsection (a) of this section or section 118% (of 6ub. +. 31(,1%$ set out as a note under sections 1/1 to 1/* of this title)$ section *#8# of title 19$ 0nited States Code$ shall a!!ly to any indi"idual con"icted under any of the laws re!ealed by this title or title ''' (subcha!ter ' or subcha!ter '' of cha!ter 1% of this title) without regard to the terms of any sentence im!osed on such indi"idual under such law. >0) F8(( noteG Pro2isional Pro"ee!ings (a) (1) Any !erson who ( (A) is engaged in manufacturing$ distributing$ or dis!ensing any

controlled substance on the day before the effecti"e date of section %8# (this section)$ and ()) is registered on such day under section ,18 of the .ederal .ood$ 2rug$ and Cosmetic Act (section %-8 of this title) or under section */## of the 'nternal ?e"enue Code of 139- (formerly '.?.C. 13,*$ section */## of Title #-)$ shall$ with res!ect to each establishment for which such registration is in effect under any such section$ be deemed to ha"e a !ro"isional registration under section %8% (section 9#% of this title) for the manufacture$ distribution$ or dis!ensing (as the case may be) of controlled substances. (#) 2uring the !eriod his !ro"isional registration is in effect under this section$ the registration number assigned such !erson under such section ,18 (section %-8 of this title) or under such section */## (section */## of Title #-) (as the case may be) shall be his registration number for !ur!oses of section %8% of this title (section 9#% of this title). (b) The !ro"isions of section %8* (section 9#* of this title)$ relating to sus!ension and re"ocation of registration$ shall a!!ly to a !ro"isional registration under this section. (c) 0nless sooner sus!ended or re"oked under subsection (b)$ a !ro"isional registration of a !erson under subsection (a)(1) of this section shall be in effect until ( (1) the date on which such !erson has registered with the Attorney @eneral under section %8% (section 9#% of this title) or has had his registration denied under such section$ or (#) such date as may be !rescribed by the Attorney @eneral for registration of manufacturers$ distributors$ or dis!ensers$ as the case may be$ whiche"er occurs first. >0< F801 noteG . e"ti2e Dates an! Other Transitional Pro2isions. (a) =5ce!t as otherwise !ro"ided in this section$ this title (see Short Title note below) shall become effecti"e on the first day of the se"enth calendar month that begins after the day immediately !receding the date of enactment (Act. #/$ 13/8). (b) 6arts A$ )$ =$ and . of this title (6arts A$ )$ =$ and . of this subcha!ter)$ section /8# (set out as a note under section %#1 of this title)$ this section$ and sections /8, through /83 (sections 381 to 38* of this title and note set out below)$ shall become effecti"e u!on enactment (Act. #/$ 13/8). (c) Sections %8, (relating to labels and labeling) (section 9#, of this title)$ and %8(relating to manufacturing :uotas) (section 9#- of this title) shall become effecti"e on the date s!ecified in subsection (a) of this section$ e5ce!t that the Attorney @eneral may by order !ublished in the .ederal ?egister !ost!one the effecti"e date of either or both of these sections for such !eriod as he may determine to be necessary for the efficient administration of this title (see Short Title note below). >0? F801 noteG Contin$ation o Reg$lations. Any orders$ rules$ and regulations which ha"e been !romulgated under any law affected by this title (see Short Title note abo"e) and which are in effect on the day !receding

enactment of this title (Act. #/$ 13/8) shall continue in effect until modified$ su!erseded$ or re!ealed. >0@ FB01G Se2era%ilit' 'f a !ro"ision of this cha!ter is held in"alid$ all "alid !ro"isions that are se"erable shall remain in effect. 'f a !ro"ision of this cha!ter is held in"alid in one or more of its a!!lications$ the !ro"ision shall remain in effect in all its "alid a!!lications that are se"erable. >0> FB0(G Sa2ings Pro2ision 1othing in this cha!ter$ e5ce!t this !art and$ to the e5tent of any inconsistency$ sections 9#/(e) and 9#3 of this title$ shall be construed as in any way affecting$ modifying$ re!ealing$ or su!erseding the !ro"isions of the .ederal .ood$ 2rug$ and Cosmetic Act (#1 0.S.C. Sec. %81 et se:.). >08 FB0)G A&&li"ation o State ,a8 1o !ro"ision of this subcha!ter shall be construed as indicating an intent on the !art of the Congress to occu!y the field in which that !ro"ision o!erates$ including criminal !enalties$ to the e5clusion of any State law on the same sub&ect matter which would otherwise be within the authority of the State$ unless there is a !ositi"e conflict between that !ro"ision of this subcha!ter and that State law so that the two cannot consistently stand together. >0B FB0<G Pa'4ent o Tort Clai4s 1otwithstanding section #-98(k) of title #9$ the Attorney @eneral$ in carrying out the functions of the 2e!artment of >ustice under this subcha!ter$ is authori4ed to !ay tort claims in the manner authori4ed by section #-/# of title #9$ when such claims arise in a foreign country in connection with the o!erations of the 2rug =nforcement Administration abroad