[House Report 117-128]
[From the U.S. Government Publishing Office]
117th Congress } { REPT. 117-128
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
ELIMINATING A QUANTIFIABLY UNJUST APPLICATION OF
THE LAW ACT OF 2021
_______
September 27, 2021.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Nadler, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 1693]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 1693) to eliminate the disparity in sentencing for
cocaine offenses, and for other purposes, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 8
New Budget Authority and Tax Expenditures and Congressional
Budget Office Cost Estimate.................................... 8
Duplication of Federal Programs.................................. 8
Performance Goals and Objectives................................. 8
Advisory on Earmarks............................................. 8
Section-by-Section Analysis...................................... 8
Changes in Existing Law Made by the Bill, as Reported............ 10
Committee Correspondence......................................... 24
The amendment is as follows:
Strike all that follows after the enacting clause and insert
the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminating a Quantifiably Unjust
Application of the Law Act of 2021'' or the ``EQUAL Act of 2021''.
SEC. 2. ELIMINATION OF INCREASED PENALTIES FOR COCAINE OFFENSES WHERE
THE COCAINE INVOLVED IS COCAINE BASE.
(a) Controlled Substances Act.--The following provisions of the
Controlled Substances Act (21 U.S.C. 801 et seq.) are repealed:
(1) Clause (iii) of section 401(b)(1)(A) (21 U.S.C.
841(b)(1)(A)).
(2) Clause (iii) of section 401(b)(1)(B) (21 U.S.C.
841(b)(1)(B)).
(b) Controlled Substances Import and Export Act.--The following
provisions of the Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.) are repealed:
(1) Subparagraph (C) of section 1010(b)(1) (21 U.S.C.
960(b)(1)).
(2) Subparagraph (C) of section 1010(b)(2) (21 U.S.C.
960(b)(2)).
(c) Applicability to Pending and Past Cases.--
(1) Pending cases.--This section, and the amendments made by
this section, shall apply to any sentence imposed after the
date of enactment of this Act, regardless of when the offense
was committed.
(2) Past cases.--
(A) In general.--In the case of a defendant who, on
or before the date of enactment of this Act, was
sentenced for a Federal offense described in
subparagraph (B), the sentencing court may, on motion
of the defendant, the Bureau of Prisons, the attorney
for the Government, or on its own motion, impose a
reduced sentence after considering the factors set
forth in section 3553(a) of title 18, United States
Code.
(B) Federal offense described.--A Federal offense
described in this subparagraph is an offense that
involves cocaine base that is an offense under one of
the following:
(i) Section 401 of the Controlled Substances
Act (21 U.S.C. 841).
(ii) Section 1010 of the Controlled
Substances Import and Export Act (21 U.S.C.
960).
(iii) Section 404(a) of the Controlled
Substances Act (21 U.S.C. 844(a)).
(iv) Any other Federal criminal offense, the
conduct or penalties for which were established
by reference to a provision described in clause
(i), (ii), or (iii).
(C) Defendant not required to be present.--
Notwithstanding Rule 43 of the Federal Rules of
Criminal Procedure, the defendant is not required to be
present at any hearing on whether to impose a reduced
sentence pursuant to this paragraph.
(D) No reduction for previously reduced sentences.--A
court may not consider a motion made under this
paragraph to reduce a sentence if the sentence was
previously imposed or previously reduced in accordance
with this Act.
(E) No requirement to reduce sentence.--Nothing in
this paragraph may be construed to require a court to
reduce a sentence pursuant to this paragraph.
Purpose and Summary
H.R. 1693, the ``Eliminating a Quantifiably Unjust
Application of the Law Act of 2021'' or the ``EQUAL Act of
2021,'' would amend current law to eliminate the sentencing
disparity between crack cocaine and powder cocaine offenses.
The bill applies to pending and past cases, allowing
individuals who were convicted or sentenced for a federal
offense involving crack cocaine to petition for a sentence
reduction.
Background and Need for the Legislation
The Anti-Drug Abuse Act of 1986, Pub. L. No. 99-570, 100
Stat. 3207, established mandatory minimum penalties for cocaine
offenses based on the type and quantity of cocaine involved in
the offense. The statute, however, penalized crack cocaine
offenses more severely, resulting in a 100-to-1 sentencing
disparity between powder cocaine and crack cocaine offenses.\1\
For example, distributing five grams or more of crack cocaine
carried a five-year mandatory minimum sentence, the same
penalty for distributing 500 grams of powder cocaine.
Distributing 50 grams or more of crack cocaine carried a 10-
year mandatory minimum sentence, the same penalty for
distributing 5,000 grams or more of powder cocaine.
---------------------------------------------------------------------------
\1\Dorsey v. United States, 567 U.S. 260, 266 (2012).
---------------------------------------------------------------------------
The United States Sentencing Commission (Commission)
incorporated the 1986 Drug Act's mandatory minimums into the
first version of the United States Sentencing Guidelines.\2\ It
also ``set offense levels for small drug amounts that did not
trigger the 1986 Drug Act's mandatory minimums so that the
resulting Guidelines sentences would remain proportionate to
the sentences for amounts that did trigger these minimums.''\3\
In the following decades, the Commission and many individuals
in the law enforcement community ``strongly criticized'' the
100-to-1 ratio.\4\
---------------------------------------------------------------------------
\2\Id. at 267.
\3\Id. at 268.
\4\Id.
---------------------------------------------------------------------------
In February 1995, the Commission issued a report in which
it unanimously recommended changes to the crack cocaine and
powder cocaine sentencing scheme, including revisiting the 100-
to-1 ratio.\5\ The Commission stated that it could not support
the existing sentencing scheme and identified the following
concerns: the ``inescapable'' racial disparities in powder
cocaine versus crack cocaine sentencing; quantifying the harm
between two forms of the same drug solely based on automatic
ratios and mandatory minimums; and the substantial difference
in the ratio between the punishment of the street dealer of
crack cocaine versus ``the powder cocaine supplier who may have
sold the powder cocaine from which multiple street dealers made
crack.''\6\
---------------------------------------------------------------------------
\5\U.S. Sent'g. Comm'n., Cocaine and Federal Sentencing Policy
(Feb. 1995), https://www.ussc.gov/sites/default/files/pdf/news/
congressional-testimony-and-reports/drug-topics/199502-rtc-cocaine-
sentencing-policy/EXECSUM.pdf.
\6\Id. at xii-xiv.
---------------------------------------------------------------------------
On May 1, 1995, the Commission submitted to Congress an
amendment to the Sentencing Guidelines that would have
equalized the guideline penalties for powder cocaine and crack
cocaine based on drug quantity.\7\ Congress passed legislation,
however, disapproving the amendment.\8\
---------------------------------------------------------------------------
\7\U.S. Sent'g. Comm'n., Cocaine and Federal Sentencing Policy (May
2002) at 12, https://www.ussc.gov/sites/default/files/pdf/news/
congressional-testimony-and-reports/drug-topics/200205-rtc-cocaine-
sentencing-policy/200205_Cocaine_and_Federal_Sentencing_Policy.pdf.
\8\Id.
---------------------------------------------------------------------------
In 1997, the Commission issued another report to Congress
reiterating its core finding that the 100-to-1 ratio was
unjustified and setting forth a range of alternatives for
revisions to the penalty scheme for cocaine offenses.\9\
Congress did not act on the recommendations.
---------------------------------------------------------------------------
\9\Id. at 13.
---------------------------------------------------------------------------
In 2002, the Commission issued an updated report that found
the current penalties: (1) exaggerated the relative harmfulness
of crack cocaine; (2) swept too broadly and applied most often
to lower level offenders; (3) overstated the seriousness of
most crack cocaine offenses and failed to provide adequate
proportionality; and (4) mostly impacted minorities.\10\ The
report noted, as particularly relevant, that ``there is no
legislative history that explains Congress's rationale for
selecting the 100-to-1 drug quantity ratio for powder cocaine
and crack offenses.''\11\ The Commission again recommended a
reduction of the ratio and that Congress should work with the
Commission to revise federal cocaine sentencing policy.\12\
---------------------------------------------------------------------------
\10\Id. at v-viii, 93-102.
\11\Id. at 7.
\12\Id. at viii-ix, 103-04.
---------------------------------------------------------------------------
In May 2007, the Commission issued another report to
Congress, citing the rise of litigation involving the 100-to-1
ratio.\13\ The Commission again unanimously and strongly urged
Congress to act on its recommendations regarding a reduction of
the 100-to-1 ratio.\14\ It also promulgated an amendment to the
Sentencing Guidelines that modified the drug quantity
thresholds for crack cocaine offenses as a partial remedy to
the ``urgent and compelling'' problems associated with the
ratio.\15\ The Commission, however, stated that ``[a]ny
comprehensive solution requires appropriate legislative action
by Congress.''
---------------------------------------------------------------------------
\13\U.S. Sent'g. Comm'n., Cocaine and Federal Sentencing Policy
(May 2007) at 1-2, https://www.ussc.gov/sites/default/files/pdf/news/
congressional-testimony-and-reports/drug-topics/
200705_RtC_Cocaine_Sentencing_Policy.pdf.
\14\Id. at 8-9.
\15\Id. at 9-10.
---------------------------------------------------------------------------
Congress addressed the disparity, in part, by passing the
Fair Sentencing Act of 2010, which reduced the drug quantity
ratio from 100-to-1 to 18-to-1, and the First Step Act of 2018,
which made the changes retroactive. Despite these reforms, some
sentencing disparity between crack cocaine and powder cocaine
remains. Thousands of inmates are still serving sentences based
on this sentencing disparity.
The EQUAL Act would eliminate the crack cocaine and powder
cocaine sentencing disparity altogether. It would also allow
individuals convicted or sentenced for a federal offense
involving crack cocaine to petition for a sentence reduction
under the new law.
Hearings
The Committee held a hearing relating to this legislation,
entitled, ``Undoing the Damage of the War on Drugs: A Renewed
Call for Sentencing Reform,'' on June 17, 2021.
Committee Consideration
On July 21, 2021, the Committee met in open session and
ordered the bill, H.R. 1693, favorably reported, as amended, by
a rollcall vote of 36 to 5, a quorum being present.
Committee Votes
In compliance with clause 3(b) of House Rule XIII, the
following rollcall votes occurred during the Committee's
consideration of H.R. 1693:
1. An amendment by Mr. Fitzgerald, to clarify that the Act
shall not apply to an offense involving fentanyl or a fentanyl
analogue, was defeated by a rollcall vote of 23 to 17. The vote
was as follows:
2. A motion to report H.R. 1693, as amended, favorably was
agreed to by a rollcall vote of 36-5. The vote was as follows:
Committee Oversight Findings
In compliance with clause 3(c)(1) of House Rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of House Rule X, are incorporated in the descriptive portions
of this report.
New Budget Authority and Tax Expenditures and Congressional Budget
Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of House
Rule XIII and section 308(a) of the Congressional Budget Act of
1974, and with respect to requirements of clause (3)(c)(3) of
House Rule XIII and section 402 of the Congressional Budget Act
of 1974, the Committee has requested but not received from the
Director of Congressional Budget Office a budgetary analysis
and a cost estimate of this bill.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House Rule XIII, no provision
of H.R. 1693 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House Rule XIII, H.R. 1693 would eliminate the sentencing
disparity between crack cocaine and powder cocaine offenses and
equalize the treatment of powder cocaine and crack cocaine
offenses. It would also apply retroactively, allowing
defendants who were previously convicted or sentenced for a
federal offense involving crack cocaine to petition for a
sentence reduction.
Advisory on Earmarks
In accordance with clause 9 of House Rule XXI, H.R. 1693
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clause 9(d),
9(e), or 9(f) of House Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short Title. Section 1 sets forth the short title
of the bill as the ``Eliminating a Quantifiably Unjust
Application of the Law Act of 2021'' or the ``EQUAL Act of
2021.''
Sec. 2. Elimination of Increased Penalties for Cocaine
Offenses Where the Cocaine Involved is Cocaine Base. Section 2
repeals provisions of the Controlled Substances Act (21 U.S.C.
801 et seq.) and Controlled Substances Import and Export Act
(21 U.S.C. 801 et seq.). The section also includes
retroactivity provisions for pending and past cases, states
that defendants are not required to be present at resentencing
hearings, limits successive motions, and provides courts with
discretion in deciding motions for sentencing relief.
Section 2(a)(1) repeals Clause (iii) of 21 U.S.C.
841(b)(1)(A), the mandatory minimum penalty provision for any
person who knowingly or intentionally: (1) manufactures,
distributes, or dispenses, or possesses with the intent to
manufacture, distribute, or dispense 280 grams or more of a
mixture or substance which contains cocaine base; or (2)
creates, distributes, or dispenses, or possesses with intent to
distribute or dispense, a counterfeit substance involving 280
grams or more of a mixture or substance which contains cocaine
base.
Section 2(a)(2) repeals Clause (iii) of 21 U.S.C.
841(b)(1)(B), the mandatory minimum penalty provision for any
person who knowingly or intentionally (1) manufactures,
distributes, or dispenses, or possesses with the intent to
manufacture, distribute, or dispense 28 grams or more of a
mixture or substance which contains cocaine base; or (2)
creates, distributes, or dispenses, or possesses with intent to
distribute or dispense, a counterfeit substance involving 28
grams or more of a mixture or substance which contains cocaine
base.
Section 2(b)(1) repeals Subparagraph (C) of 21 U.S.C.
960(b)(1), the mandatory minimum penalty provision for any
person who: (1) knowingly or intentionally imports or exports a
controlled substance; (2) knowingly or intentionally brings or
possesses on board a vessel, aircraft, or vehicle a controlled
substance; or (3) manufactures, possesses with intent to
distribute, or distributes a controlled substance involving 280
grams or more of a mixture or substance which contains cocaine
base.
Section 2(b)(2) repeals Subparagraph (C) of 21 U.S.C.
960(b)(2), the mandatory minimum penalty provision for any
person who: (1) knowingly or intentionally imports or exports a
controlled substance; (2) knowingly or intentionally brings or
possesses on board a vessel, aircraft, or vehicle a controlled
substance; or (3) manufactures, possesses with intent to
distribute, or distributes a controlled substance involving 28
grams or more of a mixture or substance which contains cocaine
base.
Section 2(c)(1) states that the section, and amendments
made by the section, applies to any sentence imposed after the
date of enactment of this Act, regardless of when the offense
was committed.
Section 2(c)(2)(A) states that a sentencing court may, on
the motion of the defendant, the Bureau of Prisons, the
attorney for the Government, or on its own motion, impose a
reduced sentence for any defendant who, on or before the date
of enactment of this Act, was sentenced for a Federal offense
described in subparagraph (B). The court may impose a reduced
sentence after considering 18 U.S.C. Sec. 3553(a), which
provides a range of factors courts must consider in imposing
sentence. These factors include: the circumstances of the
offense; the defendant's history, characteristics, and need for
educational or vocational training, medical care, or other
correctional treatment; the seriousness of the offense and the
need to promote respect for the law, afford adequate
deterrence, and protect the public; and the need to avoid
unwarranted sentence disparities among defendants with similar
records and who were found guilty of similar conduct.
Section 2(c)(2)(B) states that a federal offense described
in this subparagraph is an offense that involves cocaine base
that is an offense under one of the following:
(i) Section 401 of the Controlled Substances Act (21 U.S.C.
841).
(ii) Section 1010 of the Controlled Substances Import and
Export Act (21 U.S.C. 960).
(iii) Section 404(a) of the Controlled Substances Act (21
U.S.C. Sec. 844(a)).
(iv) Any other Federal criminal offense, the conduct of
penalties for which were established by reference to a
provision described in clause (i), (ii), or (iii).
Section 2(c)(2)(C) states that, notwithstanding rule 43 of
the Federal Rules of Criminal Procedure, the defendant is not
required to be present at any hearing on whether to impose a
reduced sentence pursuant to this paragraph.
Section 2(c)(2)(D) states that a court may not consider a
motion made under this paragraph to reduce a sentence if the
sentence was previously imposed or previously reduced in
accordance with this Act.
Section 2(c)(2)(E) states that nothing in this paragraph
may be construed to require a court to reduce a sentence
pursuant to this paragraph.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of House Rule XIII, changes
in existing law made by the bill, H.R. 1693, as reported, are
shown as follows:
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets and
existing law in which no change is proposed is shown in roman):
CONTROLLED SUBSTANCES ACT
TITLE II--CONTROL AND ENFORCEMENT
* * * * * * *
Part D--Offenses and Penalties
prohibited acts a--penalties
Sec. 401. (a) Except as authorized by this title, it shall be
unlawful for any person knowingly or intentionally--
(1) to manufacture, distribute, or dispense, or
possess with intent to manufacture, distribute, or
dispense, a controlled substance; or
(2) to create, distribute, or dispense, or possess
with intent to distribute or dispense, a counterfeit
substance.
(b) Except as otherwise provided in section 409, 418, 419, or
420 any person who violates subsection (a) of this section
shall be sentenced as follows:
(1)(A) In the case of a violation of subsection (a) of this
section involving--
(i) 1 kilogram or more of a mixture or substance
containing a detectable amount of heroin;
(ii) 5 kilograms or more of a mixture or substance
containing a detectable amount of--
(I) coca leaves, except coca leaves and
extracts of coca leaves from which cocaine,
ecgonine, and derivatives of ecgonine or their
salts have been removed;
(II) cocaine, its salts, optical and
geometric isomers, and salts of isomers;
(III) ecgonine, its derivatives, their salts,
isomers, and salts of isomers; or
(IV) any compound, mixture, or preparation
which contains any quantity of any of the
substances referred to in subclauses (I)
through (III);
[(iii) 280 grams or more of a mixture or substance
described in clause (ii) which contains cocaine base;]
(iv) 100 grams or more of phencyclidine (PCP) or 1
kilogram or more of a mixture or substance containing a
detectable amount of phencyclidine (PCP);
(v) 10 grams or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD);
(vi) 400 grams or more of a mixture or substance
containing a detectable amount of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide or 100 grams or
more of a mixture or substance containing a detectable
amount of any analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide;
(vii) 1000 kilograms or more of a mixture or
substance containing a detectable amount of marihuana,
or 1,000 or more marihuana plants regardless of weight;
or
(viii) 50 grams or more of methamphetamine, its
salts, isomers, and salts of its isomers or 500 grams
or more of a mixture or substance containing a
detectable amount of methamphetamine, its salts,
isomers, or salts of its isomers;
such person shall be sentenced to a term of imprisonment which
may not be less than 10 years or more than life and if death or
serious bodily injury results from the use of such substance
shall be not less than 20 years or more than life, a fine not
to exceed the greater of that authorized in accordance with the
provisions of title 18, United States Code, or $10,000,000 if
the defendant is an individual or $50,000,000 if the defendant
is other than an individual, or both. If any person commits
such a violation after a prior conviction for a serious drug
felony or serious violent felony has become final, such person
shall be sentenced to a term of imprisonment of not less than
15 years and not more than life imprisonment and if death or
serious bodily injury results from the use of such substance
shall be sentenced to life imprisonment, a fine not to exceed
the greater of twice that authorized in accordance with the
provisions of title 18, United States Code, or $20,000,000 if
the defendant is an individual or $75,000,000 if the defendant
is other than an individual, or both. If any person commits a
violation of this subparagraph or of section 409, 418, 419, or
420 after 2 or more prior convictions for a serious drug felony
or serious violent felony have become final, such person shall
be sentenced to a term of imprisonment of not less than 25
years and fined in accordance with the preceding sentence.
Notwithstanding section 3583 of title 18, any sentence under
this subparagraph shall, in the absence of such a prior
conviction, impose a term of supervised release of at least 5
years in addition to such term of imprisonment and shall, if
there was such a prior conviction, impose a term of supervised
release of at least 10 years in addition to such term of
imprisonment. Notwithstanding any other provision of law, the
court shall not place on probation or suspend the sentence of
any person sentenced under this subparagraph. No person
sentenced under this subparagraph shall be eligible for parole
during the term of imprisonment imposed therein.
(B) In the case of a violation of subsection (a) of this
section involving--
(i) 100 grams or more of a mixture or substance
containing a detectable amount of heroin;
(ii) 500 grams or more of a mixture or substance
containing a detectable amount of--
(I) coca leaves, except coca leaves and
extracts of coca leaves from which cocaine,
ecgonine, and derivatives of ecgonine or their
salts have been removed;
(II) cocaine, its salts, optical and
geometric isomers, and salts of isomers;
(III) ecgonine, its derivatives, their salts,
isomers, and salts of isomers; or
(IV) any compound, mixture, or preparation
which contains any quantity of any of the
substances referred to in subclauses (I)
through (III);
[(iii) 28 grams or more of a mixture or substance
described in clause (ii) which contains cocaine base;]
(iv) 10 grams or more of phencyclidine (PCP) or 100
grams or more of a mixture or substance containing a
detectable amount of phencyclidine (PCP);
(v) 1 gram or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD);
(vi) 40 grams or more of a mixture or substance
containing a detectable amount of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide or 10 grams or
more of a mixture or substance containing a detectable
amount of any analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide;
(vii) 100 kilograms or more of a mixture or substance
containing a detectable amount of marihuana, or 100 or
more marihuana plants regardless of weight; or
(viii) 5 grams or more of methamphetamine, its salts,
isomers, and salts of its isomers or 50 grams or more
of a mixture or substance containing a detectable
amount of methamphetamine, its salts, isomers, or salts
of its isomers;
such person shall be sentenced to a term of imprisonment which
may not be less than 5 years and not more than 40 years and if
death or serious bodily injury results from the use of such
substance shall be not less than 20 years or more than life, a
fine not to exceed the greater of that authorized in accordance
with the provisions of title 18, United States Code, or
$5,000,000 if the defendant is an individual or $25,000,000 if
the defendant is other than an individual, or both. If any
person commits such a violation after a prior conviction for a
serious drug felony or serious violent felony has become final,
such person shall be sentenced to a term of imprisonment which
may not be less than 10 years and not more than life
imprisonment and if death or serious bodily injury results from
the use of such substance shall be sentenced to life
imprisonment, a fine not to exceed the greater of twice that
authorized in accordance with the provisions of title 18,
United States Code, or $8,000,000 if the defendant is an
individual or $50,000,000 if the defendant is other than an
individual, or both. Notwithstanding section 3583 of title 18,
any sentence under this subparagraph shall, in the absence of
such a prior conviction, include a term of supervised release
of at least 4 years in addition to such term of imprisonment
and shall, if there was such a prior conviction, include a term
of supervised release of at least 8 years in addition to such
term of imprisonment. Notwithstanding any other provision of
law, the court shall not place on probation or suspend the
sentence of any person sentenced under this subparagraph. No
person sentenced under this subparagraph shall be eligible for
parole during the term of imprisonment imposed therein.
(C) In the case of a controlled substance in schedule I or
II, gamma hydroxybutyric acid (including when scheduled as an
approved drug product for purposes of section 3(a)(1)(B) of the
Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition
Act of 2000), or 1 gram of flunitrazepam, except as provided in
subparagraphs (A), (B), and (D), such person shall be sentenced
to a term of imprisonment of not more than 20 years and if
death or serious bodily injury results from the use of such
substance shall be sentenced to a term of imprisonment of not
less than twenty years or more than life, a fine not to exceed
the greater of that authorized in accordance with the
provisions of title 18, United States Code, or $1,000,000 if
the defendant is an individual or $5,000,000 if the defendant
is other than an individual, or both. If any person commits
such a violation after a prior conviction for a felony drug
offense has become final, such person shall be sentenced to a
term of imprisonment of not more than 30 years and if death or
serious bodily injury results from the use of such substance
shall be sentenced to life imprisonment, a fine not to exceed
the greater of twice that authorized in accordance with the
provisions of title 18, United States Code, or $2,000,000 if
the defendant is an individual or $10,000,000 if the defendant
is other than an individual, or both. Notwithstanding section
3583 of title 18, any sentence imposing a term of imprisonment
under this paragraph shall, in the absence of such a prior
conviction, impose a term of supervised release of at least 3
years in addition to such term of imprisonment and shall, if
there was such a prior conviction, impose a term of supervised
release of at least 6 years in addition to such term of
imprisonment. Notwithstanding any other provision of law, the
court shall not place on probation or suspend the sentence of
any person sentenced under the provisions of this subparagraph
which provide for a mandatory term of imprisonment if death or
serious bodily injury results, nor shall a person so sentenced
be eligible for parole during the term of such a sentence.
(D) In the case of less than 50 kilograms of marihuana,
except in the case of 50 or more marihuana plants regardless of
weight, 10 kilograms of hashish, or one kilogram of hashish
oil, such person shall, except as provided in paragraphs (4)
and (5) of this subsection, be sentenced to a term of
imprisonment of not more than 5 years, a fine not to exceed the
greater of that authorized in accordance with the provisions of
title 18, United States Code, or $250,000 if the defendant is
an individual or $1,000,000 if the defendant is other than an
individual, or both. If any person commits such a violation
after a prior conviction for a felony drug offense has become
final, such person shall be sentenced to a term of imprisonment
of not more than 10 years, a fine not to exceed the greater of
twice that authorized in accordance with the provisions of
title 18, United State Code, or $500,000 if the defendant is an
individual or $2,000,000 if the defendant is other than an
individual, or both. Notwithstanding section 3583 of title 18,
any sentence imposing a term of imprisonment under this
paragraph shall, in the absence of such a prior conviction,
impose a special parole term of at least 2 years in addition to
such term of imprisonment and shall, if there was such a prior
conviction, impose a term of supervised release of at least 4
years in addition to such term of imprisonment.
(E)(i) Except as provided in subparagraphs (C) and (D), in
the case of any controlled substance in schedule III, such
person shall be sentenced to a term of imprisonment of not more
than 10 years and if death or serious bodily injury results
from the use of such substance shall be sentenced to a term of
imprisonment of not more than 15 years, a fine not to exceed
the greater of that authorized in accordance with the
provisions of title 18, United States Code, or $500,000 if the
defendant is an individual or $2,500,000 if the defendant is
other than an individual, or both.
(ii) If any person commits such a violation after a prior
conviction for a felony drug offense has become final, such
person shall be sentenced to a term of imprisonment of not more
than 20 years and if death or serious bodily injury results
from the use of such substance shall be sentenced to a term of
imprisonment of not more than 30 years, a fine not to exceed
the greater of twice that authorized in accordance with the
provisions of title 18, United States Code, or $1,000,000 if
the defendant is an individual or $5,000,000 if the defendant
is other than an individual, or both.
(iii) Any sentence imposing a term of imprisonment under this
subparagraph shall, in the absence of such a prior conviction,
impose a term of supervised release of at least 2 years in
addition to such term of imprisonment and shall, if there was
such a prior conviction, impose a term of supervised release of
at least 4 years in addition to such term of imprisonment.
(2) In the case of a controlled substance in schedule IV,
such person shall be sentenced to a term of imprisonment of not
more than 5 years, a fine not to exceed the greater of that
authorized in accordance with the provisions of title 18,
United States Code, or $250,000 if the defendant is an
individual or $1,000,000 if the defendant is other than an
individual, or both. If any person commits such a violation
after a prior conviction for a felony drug offense has become
final, such person shall be sentenced to a term of imprisonment
of not more than 10 years, a fine not to exceed the greater of
twice the authorized in accordance with the provisions of title
18, United States Code, or $500,000 if the defendant is an
individual or $2,000,000 if the defendant is other than an
individual, or both. Any sentence imposing a term of
imprisonment under this paragraph shall, in the absence of such
a prior conviction, impose a term of supervised release of at
least one year in addition to such term of imprisonment and
shall, if there was such a prior conviction, impose a term of
supervised release of at least 2 years in addition to such term
of imprisonment.
(3) In the case of a controlled substance in schedule V, such
person shall be sentenced to a term of imprisonment of not more
than 1 year, a fine not to exceed the greater of that
authorized in accordance with the provisions of title 18,
United States Code, or $100,000 if the defendant is an
individual or $250,000 if the defendant is other than an
individual, or both. If any person commits such a violation
after a prior conviction for a felony drug offense has become
final, such person shall be sentenced to a term of imprisonment
of not more than 4 years, a fine not to exceed the provisions
of title 18, United States Code, or $200,000 if the defendant
is an individual or $500,000 if the defendant is other than an
individual, or both. Any sentence imposing a term of
imprisonment under this paragraph may, if there was a prior
conviction, impose a term of supervised release of not more
than 1 year, in addition to such term of imprisonment.
(4) Notwithstanding paragraph (1)(D) of this subsection, any
person who violates subsection (a) of this section by
distributing a small amount of marihuana for no remuneration
shall be treated as provided in section 404 and section 3607 of
title 18, United States Code.
(5) Any person who violates subsection (a) of this section by
cultivating or manufacturing a controlled substance on Federal
property shall be imprisoned as provided in this subsection and
shall be fined any amount not to exceed--
(A) the amount authorized in accordance with this
section;
(B) the amount authorized in accordance with the
provisions of title 18, United States Code;
(C) $500,000 if the defendant is an individual; or
(D) $1,000,000 if the defendant is other than an
individual;
or both.
(6) Any person who violates subsection (a), or attempts to do
so, and knowingly or intentionally uses a poison, chemical, or
other hazardous substance on Federal land, and, by such use--
(A) creates a serious hazard to humans, wildlife, or
domestic animals,
(B) degrades or harms the environment or natural
resources, or
(C) pollutes an aquifer, spring, stream, river, or
body of water,
shall be fined in accordance with title 18, United States Code,
or imprisoned not more than five years, or both.
(7) Penalties for distribution.--
(A) In general.--Whoever, with intent to commit a
crime of violence, as defined in section 16 of title
18, United States Code (including rape), against an
individual, violates subsection (a) by distributing a
controlled substance or controlled substance analogue
to that individual without that individual's knowledge,
shall be imprisoned not more than 20 years and fined in
accordance with title 18, United States Code.
(B) Definition.--For purposes of this paragraph, the
term ``without that individual's knowledge'' means that
the individual is unaware that a substance with the
ability to alter that individual's ability to appraise
conduct or to decline participation in or communicate
unwillingness to participate in conduct is administered
to the individual.
(c) Any person who knowingly or intentionally--
(1) possesses a listed chemical with intent to
manufacture a controlled substance except as authorized
by this title;
(2) possesses or distributes, a listed chemical
knowing, or having reasonable cause to believe, that
the listed chemical will be used to manufacture a
controlled substance except as authorized by this
title; or
(3) with the intent of causing the evasion of the
recordkeeping or reporting requirements of section 310,
or the regulations issued under that section, receives
or distributes a reportable amount of any listed
chemical in units small enough so that the making of
records or filing of reports under that section is not
required;
shall be fined in accordance with title 18, United States Code,
or imprisoned not more than 20 years in the case of a violation
of paragraph (1) or (2) involving a list I chemical or not more
than 10 years in the case of a violation of this subsection
other than a violation of paragraph (1) or (2) involving a list
I chemical, or both.
(d)(1) Any person who assembles, maintains, places, or causes
to be placed a boobytrap on Federal property where a controlled
substance is being manufactured, distributed, or dispensed
shall be sentenced to a term of imprisonment for not more than
10 years or fined under title 18, United States Code, or both.
(2) If any person commits such a violation after 1 or more
prior convictions for an offense punishable under this
subsection, such person shall be sentenced to a term of
imprisonment of not more than 20 years or fined under title 18,
United States Code, or both.
(3) For the purposes of this subsection, the term
``boobytrap'' means any concealed or camouflaged device
designed to cause bodily injury when triggered by any action of
any unsuspecting person making contact with the device. Such
term includes guns, ammunition, or explosive devices attached
to trip wires or other triggering mechanisms, sharpened stakes,
and lines or wires with hooks attached.
(e) In addition to any other applicable penalty, any person
convicted of a felony violation of this section relating to the
receipt, distribution, manufacture, exportation, or importation
of a listed chemical may be enjoined from engaging in any
transaction involving a listed chemical for not more than ten
years.
(f)(1) Whoever knowingly distributes a listed chemical in
violation of this title (other than in violation of a
recordkeeping or reporting requirement of section 310) shall,
except to the extent that paragraph (12), (13), or (14) of
section 402(a) applies, be fined under title 18, United States
Code, or imprisoned not more than 5 years, or both.
(2) Whoever possesses any listed chemical, with knowledge
that the recordkeeping or reporting requirements of section 310
have not been adhered to, if, after such knowledge is acquired,
such person does not take immediate steps to remedy the
violation shall be fined under title 18, United States Code, or
imprisoned not more than one year, or both.
(g) Internet Sales of Date Rape Drugs.--
(1) Whoever knowingly uses the Internet to distribute
a date rape drug to any person, knowing or with
reasonable cause to believe that--
(A) the drug would be used in the commission
of criminal sexual conduct; or
(B) the person is not an authorized
purchaser;
shall be fined under this title or imprisoned not more
than 20 years, or both.
(2) As used in this subsection:
(A) The term ``date rape drug'' means--
(i) gamma hydroxybutyric acid (GHB)
or any controlled substance analogue of
GHB, including gamma butyrolactone
(GBL) or 1,4-butanediol;
(ii) ketamine;
(iii) flunitrazepam; or
(iv) any substance which the Attorney
General designates, pursuant to the
rulemaking procedures prescribed by
section 553 of title 5, United States
Code, to be used in committing rape or
sexual assault.
The Attorney General is authorized to remove
any substance from the list of date rape drugs
pursuant to the same rulemaking authority.
(B) The term ``authorized purchaser'' means
any of the following persons, provided such
person has acquired the controlled substance in
accordance with this Act:
(i) A person with a valid
prescription that is issued for a
legitimate medical purpose in the usual
course of professional practice that is
based upon a qualifying medical
relationship by a practitioner
registered by the Attorney General. A
``qualifying medical relationship''
means a medical relationship that
exists when the practitioner has
conducted at least 1 medical evaluation
with the authorized purchaser in the
physical presence of the practitioner,
without regard to whether portions of
the evaluation are conducted by other
heath professionals. The preceding
sentence shall not be construed to
imply that 1 medical evaluation
demonstrates that a prescription has
been issued for a legitimate medical
purpose within the usual course of
professional practice.
(ii) Any practitioner or other
registrant who is otherwise authorized
by their registration to dispense,
procure, purchase, manufacture,
transfer, distribute, import, or export
the substance under this Act.
(iii) A person or entity providing
documentation that establishes the
name, address, and business of the
person or entity and which provides a
legitimate purpose for using any ``date
rape drug'' for which a prescription is
not required.
(3) The Attorney General is authorized to promulgate
regulations for record-keeping and reporting by persons
handling 1,4-butanediol in order to implement and
enforce the provisions of this section. Any record or
report required by such regulations shall be considered
a record or report required under this Act.
(h) Offenses Involving Dispensing of Controlled Substances by
Means of the Internet.--
(1) In general.--It shall be unlawful for any person
to knowingly or intentionally--
(A) deliver, distribute, or dispense a
controlled substance by means of the Internet,
except as authorized by this title; or
(B) aid or abet (as such terms are used in
section 2 of title 18, United States Code) any
activity described in subparagraph (A) that is
not authorized by this title.
(2) Examples.--Examples of activities that violate
paragraph (1) include, but are not limited to,
knowingly or intentionally--
(A) delivering, distributing, or dispensing a
controlled substance by means of the Internet
by an online pharmacy that is not validly
registered with a modification authorizing such
activity as required by section 303(f) (unless
exempt from such registration);
(B) writing a prescription for a controlled
substance for the purpose of delivery,
distribution, or dispensation by means of the
Internet in violation of section 309(e);
(C) serving as an agent, intermediary, or
other entity that causes the Internet to be
used to bring together a buyer and seller to
engage in the dispensing of a controlled
substance in a manner not authorized by
sections 303(f) or 309(e);
(D) offering to fill a prescription for a
controlled substance based solely on a
consumer's completion of an online medical
questionnaire; and
(E) making a material false, fictitious, or
fraudulent statement or representation in a
notification or declaration under subsection
(d) or (e), respectively, of section 311.
(3) Inapplicability.--
(A) This subsection does not apply to--
(i) the delivery, distribution, or
dispensation of controlled substances
by nonpractitioners to the extent
authorized by their registration under
this title;
(ii) the placement on the Internet of
material that merely advocates the use
of a controlled substance or includes
pricing information without attempting
to propose or facilitate an actual
transaction involving a controlled
substance; or
(iii) except as provided in
subparagraph (B), any activity that is
limited to--
(I) the provision of a
telecommunications service, or
of an Internet access service
or Internet information
location tool (as those terms
are defined in section 231 of
the Communications Act of
1934); or
(II) the transmission,
storage, retrieval, hosting,
formatting, or translation (or
any combination thereof) of a
communication, without
selection or alteration of the
content of the communication,
except that deletion of a
particular communication or
material made by another person
in a manner consistent with
section 230(c) of the
Communications Act of 1934
shall not constitute such
selection or alteration of the
content of the communication.
(B) The exceptions under subclauses (I) and
(II) of subparagraph (A)(iii) shall not apply
to a person acting in concert with a person who
violates paragraph (1).
(4) Knowing or intentional violation.--Any person who
knowingly or intentionally violates this subsection
shall be sentenced in accordance with subsection (b).
* * * * * * *
----------
CONTROLLED SUBSTANCES IMPORT AND EXPORT ACT
* * * * * * *
TITLE III--IMPORTATION AND EXPORTATION; AMENDMENTS AND REPEALS OF
REVENUE LAWS
* * * * * * *
Part A--Importation and Exportation
* * * * * * *
prohibited acts a--penalties
Sec. 1010. (a) Any person who--
(1) contrary to section 305, 1002, 1003, or 1007,
knowingly or intentionally imports or exports a
controlled substance,
(2) contrary to section 1005, knowingly or
intentionally brings or possesses on board a vessel,
aircraft, or vehicle a controlled substance, or
(3) contrary to section 1009, manufactures, possesses
with intent to distribute, or distributes a controlled
substance,
shall be punished as provided in subsection (b).
(b)(1) In the case of a violation of subsection (a) of this
section involving--
(A) 1 kilogram or more of a mixture or substance
containing a detectable amount of heroin;
(B) 5 kilograms or more of a mixture or substance
containing a detectable amount of--
(i) coca leaves, except coca leaves and
extracts of coca leaves from which cocaine,
ecgonine, and derivatives of ecgonine or their
salts have been removed;
(ii) cocaine, its salts, optical and
geometric isomers, and salts or isomers;
(iii) ecgonine, its derivatives, their salts,
isomers, and salts of isomers; or
(iv) any compound, mixture, or preparation
which contains any quantity of any of the
substances referred to in clauses (i) through
(iii);
[(C) 280 grams or more of a mixture or substance
described in subparagraph (B) which contains cocaine
base;]
(D) 100 grams or more of phencyclidine (PCP) or 1
kilogram or more of a mixture or substance containing a
detectable amount of phencyclidine (PCP);
(E) 10 grams or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD);
(F) 400 grams or more of a mixture or substance
containing a detectable amount of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide or 100 grams or
more of a mixture or substance containing a detectable
amount of any analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide;
(G) 1000 kilograms or more of a mixture or substance
containing a detectable amount of marihuana; or
(H) 50 grams or more of methamphetamine, its salts,
isomers, and salts of its isomers or 500 grams or more
of a mixture or substance containing a detectable
amount of methamphetamine, its salts, isomers, or salts
of its isomers.
the person committing such violation shall be sentenced to a
term of imprisonment of not less than 10 years and not more
than life and if death or serious bodily injury results from
the use of such substance shall be sentenced to a term of
imprisonment of not less than 20 years and not more than life,
a fine not to exceed the greater of that authorized in
accordance with the provisions of title 18, United States Code,
or $10,000,000 if the defendant is an individual or $50,000,000
if the defendant is other than an individual, or both. If any
person commits such a violation after a prior conviction for a
serious drug felony or serious violent felony has become final,
such person shall be sentenced to a term of imprisonment of not
less than 15 years and not more than life imprisonment and if
death or serious bodily injury results from the use of such
substance shall be sentenced to life imprisonment, a fine not
to exceed the greater of twice that authorized in accordance
with the provisions of title 18, United States Code, or
$20,000,000 if the defendant is an individual or $75,000,000 if
the defendant is other than an individual, or both.
Notwithstanding section 3583 of title 18, any sentence under
this paragraph shall, in the absence of such a prior
conviction, impose a term of supervised release of at least 5
years in addition to such term of imprisonment and shall, if
there was such a prior conviction, impose a term of supervised
release of at least 10 years in addition to such term of
imprisonment. Notwithstanding any other provision of law, the
court shall not place on probation or suspend the sentence of
any person sentenced under this paragraph. No person sentenced
under this paragraph shall be eligible for parole during the
term of imprisonment imposed therein.
(2) In the case of a violation of subsection (a) of this
section involving--
(A) 100 grams or more of a mixture or substance
containing a detectable amount of heroin;
(B) 500 grams or more of a mixture or substance
containing a detectable amount of--
(i) coca leaves, except coca leaves and
extracts of coca leaves from which cocaine,
ecgonine, and derivatives of ecgonine or their
salts have been removed;
(ii) cocaine, its salts, optical and
geometric isomers, and salts or isomers;
(iii) ecgonine, its derivatives, their salts,
isomers, and salts of isomers; or
(iv) any compound, mixture, or preparation
which contains any quantity of any of the
substances referred to in clauses (i) through
(iii);
[(C) 28 grams or more of a mixture or substance
described in subparagraph (B) which contains cocaine
base;]
(D) 10 grams or more of phencyclidine (PCP) or 100
grams or more of a mixture or substance containing a
detectable amount of phencyclidine (PCP);
(E) 1 gram or more of a mixture or substance
containing a detectable amount of lysergic acid
diethylamide (LSD);
(F) 40 grams or more of a mixture or substance
containing a detectable amount of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide or 10 grams or
more of a mixture or substance containing a detectable
amount of any analogue of N-phenyl-N-[1-(2-
phenylethyl)-4-piperidinyl] propanamide;
(G) 100 kilograms or more of a mixture or substance
containing a detectable amount of marihuana; or
(H) 5 grams or more of methamphetamine, its salts,
isomers, and salts of its isomers or 50 grams or more
of a mixture or substance containing a detectable
amount of methamphetamine, its salts, isomers, or salts
of its isomers.
the person committing such violation shall be sentenced to a
term of imprisonment of not less than 5 years and not more than
40 years and if death or serious bodily injury results from the
use of such substance shall be sentenced to a term of
imprisonment of not less than twenty years and not more than
life, a fine not to exceed the greater of that authorized in
accordance with the provisions of title 18, United States Code,
or $5,000,000 if the defendant is an individual or $25,000,000
if the defendant is other than an individual, or both. If any
person commits such a violation after a prior conviction for a
serious drug felony or serious violent felony has become final,
such person shall be sentenced to a term of imprisonment of not
less than 10 years and not more than life imprisonment and if
death or serious bodily injury results from the use of such
substance shall be sentenced to life imprisonment, a fine not
to exceed the greater of twice that authorized in accordance
with the provisions of title 18, United States Code, or
$8,000,000 if the defendant is an individual or $50,000,000 if
the defendant is other than an individual, or both.
Notwithstanding section 3583 of title 18, any sentence imposed
under this paragraph shall, in the absence of such a prior
conviction, include a term of supervised release of at least 4
years in addition to such term of imprisonment and shall, if
there was such a prior conviction, include a term of supervised
release of at least 8 years in addition to such term of
imprisonment. Notwithstanding any other provision of law, the
court shall not place on probation or suspend the sentence of
any person sentenced under this paragraph. No person sentenced
under this paragraph shall be eligible for parole during the
term of imprisonment imposed therein.
(3) In the case of a violation under subsection (a) of this
section involving a controlled substance in schedule I or II,
gamma hydroxybutyric acid (including when scheduled as an
approved drug product for purposes of section 3(a)(1)(B) of the
Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition
Act of 2000), or flunitrazepam, the person committing such
violation shall, except as provided in paragraphs (1), (2), and
(4), be sentenced to a term of imprisonment of not more than 20
years and if death or serious bodily injury results from the
use of such substance shall be sentenced to a term of
imprisonment of not less than twenty years and not more than
life, a fine not to exceed the greater of that authorized in
accordance with the provisions of title 18, United States Code,
or $1,000,000 if the defendant is an individual or $5,000,000
if the defendant is other than an individual, or both. If any
person commits such a violation after a prior conviction for a
felony drug offense has become final, such person shall be
sentenced to a term of imprisonment of not more than 30 years
and if death or serious bodily injury results from the use of
such substance shall be sentenced to life imprisonment, a fine
not to exceed the greater of twice that authorized in
accordance with the provisions of title 18, United States Code,
or $2,000,000 if the defendant is an individual or $10,000,000
if the defendant is other than an individual, or both.
Notwithstanding section 3583 of title 18, any sentence imposing
a term of imprisonment under this paragraph shall, in the
absence of such a prior conviction, impose a term of
suspervised release of at least 3 years in addition to such
term of imprisonment and shall, if there was such a prior
conviction, impose a term of suspervised release of at least 6
years in addition to such term of imprisonment. Notwithstanding
the prior sentence, and notwithstanding any other provision of
law, the court shall not place on probation or suspend the
sentence of any person sentenced under the provisions of this
paragraph which provide for a mandatory term of imprisonment if
death or serious bodily injury results.
(4) In the case of a violation under subsection (a) with
respect to less than 50 kilograms of marihuana except in the
case of 100 or more marihuana plants regardless of weight, less
than 10 kilograms of hashish, or less than one kilogram of
hashish oil, the person committing such violation shall be
sentenced in accordance with section 401(b)(1)(D).
(5) In the case of a violation of subsection (a) involving a
controlled substance in schedule III, such person shall be
sentenced in accordance with section 401(b)(1).
(6) In the case of a violation of subsection (a) involving a
controlled substance in schedule IV, such person shall be
sentenced in accordance with section 401(b)(2).
(7) In the case of a violation of subsection (a) involving a
controlled substance in schedule V, such person shall be
sentenced in accordance with section 401(b)(3).
(c) A special parole term imposed under this section or
section 1012 may be revoked if its terms and conditions are
violated. In such circumstances the original term of
imprisonment shall be increased by the period of the special
parole term and the resulting new term of imprisonment shall
not be diminished by the time which was spent on special
parole. A person whose special parole term has been revoked may
be required to serve all or part of the remainder of the new
term of imprisonment. The special term provided for in this
section and in section 1012 is in addition to, and not in lieu
of, any other parole provided for by law.
(d) A person who knowingly or intentionally--
(1) imports or exports a listed chemical with intent
to manufacture a controlled substance in violation of
this title or title II;
(2) exports a listed chemical in violation of the
laws of the country to which the chemical is exported
or serves as a broker or trader for an international
transaction involving a listed chemical, if the
transaction is in violation of the laws of the country
to which the chemical is exported;
(3) imports or exports a listed chemical knowing, or
having reasonable cause to believe, that the chemical
will be used to manufacture a controlled substance in
violation of this title or title II;
(4) exports a listed chemical, or serves as a broker
or trader for an international transaction involving a
listed chemical, knowing, or having reasonable cause to
believe, that the chemical will be used to manufacture
a controlled substance in violation of the laws of the
country to which the chemical is exported;
(5) imports or exports a listed chemical, with the
intent to evade the reporting or recordkeeping
requirements of section 1018 applicable to such
importation or exportation by falsely representing to
the Attorney General that the importation or
exportation qualifies for a waiver of the 15-day
notification requirement granted pursuant to paragraph
(2) or (3) of section 1018(f) by misrepresenting the
actual country of final destination of the listed
chemical or the actual listed chemical being imported
or exported;
(6) imports a listed chemical in violation of section
1002, imports or exports such a chemical in violation
of section 1007 or 1018, or transfers such a chemical
in violation of section 1018(d); or
(7) manufactures, possesses with intent to
distribute, or distributes a listed chemical in
violation of section 959 of this title.
shall be fined in accordance with title 18, imprisoned not more
than 20 years in the case of a violation of paragraph (1) or
(3) involving a list I chemical or not more than 10 years in
the case of a violation of this subsection other than a
violation of paragraph (1) or (3) involving a list I chemical,
or both.
* * * * * * *
[GRAPHICS NOT AVAILABLE IN TIFF FORMAT]
[all]