§ 843.
(a)
Unlawful acts
It shall be unlawful for any person knowingly or intentionally—
(1)
who is a registrant to distribute a controlled substance classified in schedule I or II, in the course of his legitimate business, except pursuant to an order or an order form as required by
section 828 of this title;
(2)
to use in the course of the manufacture, distribution, or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, expired, or issued to another person;
(3)
to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge;
(4)
(A)
to furnish false or fraudulent material information in, or omit any material information from, any application, report, record, or other document required to be made, kept, or filed under this subchapter or subchapter II, or (B) to present false or fraudulent identification where the person is receiving or purchasing a listed chemical and the person is required to present identification under
section 830(a) of this title;
(5)
to make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit substance;
(6)
to possess any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this subchapter or subchapter II;
(7)
to manufacture, distribute, export, or import any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this subchapter or subchapter II or, in the case of an exportation, in violation of this subchapter or subchapter II or of the laws of the country to which it is exported;
(8)
to create a chemical mixture for the purpose of evading a requirement of
section 830 of this title or to receive a chemical mixture created for that purpose; or
(9)
to distribute, import, or export a list I chemical without the registration required by this subchapter or subchapter II.
(d)
Penalties
(1)
Except as provided in paragraph (2), any person who violates this section shall be sentenced to a term of imprisonment of not more than 4 years, a fine under title 18, or both; except that if any person commits such a violation after one or more prior convictions of him for violation of this section, or for a felony under any other provision of this subchapter or subchapter II or other law of the United States relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 8 years, a fine under title 18, or both.
(2)
Any person who, with the intent to manufacture or to facilitate the manufacture of methamphetamine, violates paragraph (6) or (7) of subsection (a), shall be sentenced to a term of imprisonment of not more than 10 years, a fine under title 18, or both; except that if any person commits such a violation after one or more prior convictions of that person—
(A)
for a violation of paragraph (6) or (7) of subsection (a);
(B)
for a felony under any other provision of this subchapter or subchapter II of this chapter;
2
See References in Text note below.
or
(C)
under any other law of the United States or any State relating to controlled substances or listed chemicals,
has become final, such person shall be sentenced to a term of imprisonment of not more than 20 years, a fine under title 18, or both.
([Pub. L. 91–513, title II, § 403], Oct. 27, 1970, [84 Stat. 1263]; [Pub. L. 95–633, title II, § 202(b)(3)], Nov. 10, 1978, [92 Stat. 3776]; [Pub. L. 98–473, title II, § 516], Oct. 12, 1984, [98 Stat. 2074]; [Pub. L. 99–570, title I, § 1866(a)], Oct. 27, 1986, [100 Stat. 3207–54]; [Pub. L. 100–690, title VI, § 6057], Nov. 18, 1988, [102 Stat. 4319]; [Pub. L. 103–200, § 3(g)], Dec. 17, 1993, [107 Stat. 2337]; [Pub. L. 103–322, title IX, § 90106], Sept. 13, 1994, [108 Stat. 1988]; [Pub. L. 104–237, title II], §§ 203(a), 206(b), Oct. 3, 1996, [110 Stat. 3102], 3103; [Pub. L. 107–273, div. B, title IV, § 4002(d)(2)(C)], Nov. 2, 2002, [116 Stat. 1810]; [Pub. L. 108–21, title VI, § 608(d)], Apr. 30, 2003, [117 Stat. 691]; [Pub. L. 110–425, § 3(g)], Oct. 15, 2008, [122 Stat. 4830]; [Pub. L. 117–215, title I, § 103(b)(1)(H)], Dec. 2, 2022, [136 Stat. 2263].)