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Federal Drug Sales and Trafficking Statute

Jacksonville Drug Crimes Defense Lawyer

Below is the quite lengthy drug sale and trafficking statute. For a discussion of the statute and how it is used by federal prosecutors in Jacksonville and throughout Florida and Georgia, click here.

21 US.C, § 841. Prohibited acts A

Unlawful acts

(a) Except as authorized by this subchapter, 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.

Penalties

(b) Except as otherwise provided in section 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced (1)(A) In the case of a violation of subsection (a) of this section involving (i) 1 kilogram or more of a mixture or substance containing a detectable amount of heroin;

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

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

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

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

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

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

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

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

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

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

(viii) 100 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 1 kilogram 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, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment which may not be less than 20 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of Title 18, or $8,000,000 if the defendant is an individual or $20,000,000 if the defendant is other than an individual, or both. If any person commits a violation of this subparagraph or of section 845, 845a, or 845b of this title after two or more prior convictions for a felony drug offense have become final, such person shall be sentenced to a mandatory term of life imprisonment without release and fined in accordance with the preceding sentence. For purposes of this subparagraph, the term "felony drug offense" means an offense that is a felony under any provision of this subchapter or any other Federal law that prohibits or restricts conduct relating to narcotic drugs, marihuana, or depressant or stimulant substances or a felony under any law of a State or a foreign country that prohibits or restricts conduct relating to narcotic drugs, marihuana, or depressant or stimulant substances. Any sentence under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 10 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subparagraph. No person sentenced under this subparagraph shall be eligible for parole during the term of imprisonment imposed therein.

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

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

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

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

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

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

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

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

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

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

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

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

(viii) 10 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 100 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, or $2,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment 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, or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Any sentence imposed under this subparagraph shall, in the absence of such a prior conviction, include a term of supervised release of at least 4 years in addition to such term of imprisonment and shall, if there was such a prior conviction, include a term of supervised release of at least 8 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this subparagraph. No person sentenced under this subparagraph shall be eligible for parole during the term of imprisonment imposed therein.

(C) In the case of a controlled substance in schedule I or II , 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, 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 one or more prior convictions for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 30 years 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, or $2,000,000 if the defendant is an individual or $10,000,000 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 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 6 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this subparagraph which provide for a mandatory term of imprisonment if death or serious bodily injury results, nor shall a person so sentenced be eligible for parole during the term of such a sentence.

(D) In the case of less than 50 kilograms of marihuana, except in the case of 50 or more marihuana plants regardless of weight, 10 kilograms of hashish, or one kilogram of hashish oil or in the case of any controlled substance in schedule III, or 30 milligrams of flunitrazepam, such person shall, except as provided in paragraphs (4) and (5) of this subsection, be sentenced to a term of imprisonment of not more than 5 years, a fine not to exceed the greater of that authorized in accordance with the provisions of Title 18, or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 10 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of Title 18, 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 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 3 years, a fine not to exceed the greater of that authorized in accordance with the provisions of Title 18, or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 6 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of Title 18, 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 one year, a fine not to exceed the greater of that authorized in accordance with the provisions of Title 18, or $100,000 if the defendant is an individual or $250,000 if the defendant is other than an individual, or both. If any person commits such a violation after one or more convictions of him for an offense punishable under this paragraph, or for a crime under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 2 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of Title 18, or $200,000 if the defendant is an individual or $500,000 if the defendant is other than an individual, or both.

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

(5) Any person who violates subsection (a) of this section by cultivating 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;

(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) of this section, 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, 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 to that individual without that individual's knowledge, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code.

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

(c) Offenses involving listed chemicals

Any person who knowingly or intentionally --

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

(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 record-keeping or reporting requirements of section 830 of this title, 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, or imprisoned not more than 20 years in the case of a violation of paragraph (1) or (2) involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (2) involving a list I chemical, or both.

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

(1) Any person who assembles, maintains, places, or causes to be placed a boobytrap on Federal property where a controlled substance is being manufactured, distributed, or dispensed shall be sentenced to a term of imprisonment for not more than 10 years and shall be fined not more than $10,000.

(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 and shall be fined not more than $20,000.

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

(e) Ten-year injunction as additional penalty

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

(f) Wrongful distribution or possession of listed chemicals

(1) Whoever knowingly distributes a listed chemical in violation of this subchapter (other than in violation of a recordkeeping or reporting requirement of section 830 of this title) shall be fined under Title 18, 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 830 of this title 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, or imprisoned not more than one year, or both.

21 U.S.C § 842. Prohibited acts B

(a) Unlawful acts It shall be unlawful for any person -

(1) who is subject to the requirements of part C to distribute

or dispense a controlled substance in violation of section 829 of

this title;

(2) who is a registrant to distribute or dispense a controlled

substance not authorized by his registration to another

registrant or other authorized person or to manufacture a

controlled substance not authorized by his registration;

(3) who is a registrant to distribute a controlled substance in

violation of section 825 of this title;

(4) to remove, alter, or obliterate a symbol or label required

by section 825 of this title;

(5) to refuse or negligently fail to make, keep, or furnish any

record, report, notification, declaration, order or order form,

statement, invoice, or information required under this subchapter

or subchapter II of this chapter;

(6) to refuse any entry into any premises or inspection

authorized by this subchapter or subchapter II of this chapter;

(7) to remove, break, injure, or deface a seal placed upon

controlled substances pursuant to section 824(f) or 881 of this

title or to remove or dispose of substances so placed under seal;

(8) to use, to his own advantage, or to reveal, other than to

duly authorized officers or employees of the United States, or to

the courts when relevant in any judicial proceeding under this

subchapter or subchapter II of this chapter, any information

acquired in the course of an inspection authorized by this

subchapter concerning any method or process which as a trade

secret is entitled to protection, or to use to his own advantage

or reveal (other than as authorized by section 830 of this title)

any information that is confidential under such section;

(9) who is a regulated person to engage in a regulated

transaction without obtaining the identification required by

830(a)(3) of this title.(!1)

(10) negligently to fail to keep a record or make a report

under section 830 of this title; or

(11) to distribute a laboratory supply to a person who uses, or

attempts to use, that laboratory supply to manufacture a

controlled substance or a listed chemical, in violation of this

subchapter or subchapter II of this chapter, with reckless

disregard for the illegal uses to which such a laboratory supply will be put.

As used in paragraph (11), the term "laboratory supply" means a

listed chemical or any chemical, substance, or item on a special

surveillance list published by the Attorney General, which contains

chemicals, products, materials, or equipment used in the

manufacture of controlled substances and listed chemicals. For

purposes of paragraph (11), there is a rebuttable presumption of

reckless disregard at trial if the Attorney General notifies a firm

in writing that a laboratory supply sold by the firm, or any other

person or firm, has been used by a customer of the notified firm,

or distributed further by that customer, for the unlawful

production of controlled substances or listed chemicals a firm

distributes and 2 weeks or more after the notification the notified

firm distributes a laboratory supply to the customer.

(b) Manufacture

It shall be unlawful for any person who is a registrant to

manufacture a controlled substance in schedule I or II which is -

(1) not expressly authorized by his registration and by a quota

assigned to him pursuant to section 826 of this title; or

(2) in excess of a quota assigned to him pursuant to section

826 of this title.

(c) Penalties

(1)(A) Except as provided in subparagraph (B) of this paragraph

and paragraph (2), any person who violates this section shall, with

respect to any such violation, be subject to a civil penalty of not

more than $25,000. The district courts of the United States (or,

where there is no such court in the case of any territory or

possession of the United States, then the court in such territory

or possession having the jurisdiction of a district court of the

United States in cases arising under the Constitution and laws of

the United States) shall have jurisdiction in accordance with

section 1355 of title 28 to enforce this paragraph.

(B) In the case of a violation of paragraph (5) or (10) of

subsection (a) of this section, the civil penalty shall not exceed

$10,000.

(2)(A) If a violation of this section is prosecuted by an

information or indictment which alleges that the violation was

committed knowingly and the trier of fact specifically finds that

the violation was so committed, such person shall, except as

otherwise provided in subparagraph (B) of this paragraph, be

sentenced to imprisonment of not more than one year or a fine under

title 18, or both.

(B) If a violation referred to in subparagraph (A) was committed

after one or more prior convictions of the offender for an offense

punishable under this paragraph (2), or for a crime under any other

provision of this subchapter or subchapter II of this chapter or

other law of the United States relating to narcotic drugs,

marihuana, or depressant or stimulant substances, have become

final, such person shall be sentenced to a term of imprisonment of

not more than 2 years, a fine under title 18, or both.

(C) In addition to the penalties set forth elsewhere in this

subchapter or subchapter II of this chapter, any business that

violates paragraph (11) of subsection (a) of this section shall,

with respect to the first such violation, be subject to a civil

penalty of not more than $250,000, but shall not be subject to

criminal penalties under this section, and shall, for any

succeeding violation, be subject to a civil fine of not more than

$250,000 or double the last previously imposed penalty, whichever

is greater.

(3) Except under the conditions specified in paragraph (2) of

this subsection, a violation of this section does not constitute a

crime, and a judgment for the United States and imposition of a

civil penalty pursuant to paragraph (1) shall not give rise to any

disability or legal disadvantage based on conviction for a criminal

offense.

21 U.S.C. § 843. Prohibited acts C

(a) Unlawful acts It shall be unlawful for any person knowingly or intentionally - (1) who is a registrant to distribute a controlled substance classified in schedule I or II, in the course of his legitimate business, except pursuant to an order or an order form as required by section 828 of this title; (2) to use in the course of the manufacture, distribution, or dispensing of a controlled substance, or to use for the purpose of acquiring or obtaining a controlled substance, a registration number which is fictitious, revoked, suspended, expired, or issued to another person; (3) to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge; (4)(A) to furnish false or fraudulent material information in, or omit any material information from, any application, report, record, or other document required to be made, kept, or filed under this subchapter or subchapter II of this chapter, or (B) to present false or fraudulent identification where the person is receiving or purchasing a listed chemical and the person is required to present identification under section 830(a) of this title; (5) to make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit substance; (6) to possess any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this subchapter or subchapter II of this chapter; (7) to manufacture, distribute, export, or import any three-neck round-bottom flask, tableting machine, encapsulating machine, or gelatin capsule, or any equipment, chemical, product, or material which may be used to manufacture a controlled substance or listed chemical, knowing, intending, or having reasonable cause to believe, that it will be used to manufacture a controlled substance or listed chemical in violation of this subchapter or subchapter II of this chapter or, in the case of an exportation, in violation of this subchapter or subchapter II of this chapter or of the laws of the country to which it is exported; (8) to create a chemical mixture for the purpose of evading a requirement of section 830 of this title or to receive a chemical mixture created for that purpose; or (9) to distribute, import, or export a list I chemical without the registration required by this subchapter or subchapter II of this chapter.

(b) Communication facility

It shall be unlawful for any person knowingly or intentionally to

use any communication facility in committing or in causing or

facilitating the commission of any act or acts constituting a

felony under any provision of this subchapter or subchapter II of

this chapter. Each separate use of a communication facility shall

be a separate offense under this subsection. For purposes of this

subsection, the term "communication facility" means any and all

public and private instrumentalities used or useful in the

transmission of writing, signs, signals, pictures, or sounds of all

kinds and includes mail, telephone, wire, radio, and all other

means of communication.

(c) Advertisement

It shall be unlawful for any person to place in any newspaper,

magazine, handbill, or other publications, any written

advertisement knowing that it has the purpose of seeking or

offering illegally to receive, buy, or distribute a Schedule (!1) I

controlled substance. As used in this section the term

"advertisement" includes, in addition to its ordinary meaning, such

advertisements as those for a catalog of Schedule (!1) I controlled

substances and any similar written advertisement that has the

purpose of seeking or offering illegally to receive, buy, or

distribute a Schedule (!1) I controlled substance. The term

"advertisement" does not include material which merely advocates

the use of a similar material, which advocates a position or

practice, and does not attempt to propose or facilitate an actual

transaction in a Schedule (!1) I controlled substance.

(d) Penalties

(1) Except as provided in paragraph (2), any person who violates

this section shall be sentenced to a term of imprisonment of no

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 of

this chapter or other law of the United States relating to narcotic

drugs, marihuana, or depressant or stimulant substances, have

become final, such person shall be sentenced to a term of

imprisonment of not more than 8 years, a fine 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) of this section, 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)

of this section;

(B) for a felony under any other provision of this subchapter

or subchapter II of this chapter; 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.

(e) Additional penalties

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) Injunctions

(1) In addition to any penalty provided in this section, the

Attorney General is authorized to commence a civil action for

appropriate declaratory or injunctive relief relating to violations

of this section, section 842 of this title, or 856 (!2) of this

title.

(2) Any action under this subsection may be brought in the

district court of the United States for the district in which the

defendant is located or resides or is doing business.

(3) Any order or judgment issued by the court pursuant to this

subsection shall be tailored to restrain violations of this section

or section 842 of this title.

(4) The court shall proceed as soon as practicable to the hearing

and determination of such an action. An action under this

subsection is governed by the Federal Rules of Civil Procedure

except that, if an indictment has been returned against the

respondent, discovery is governed by the Federal Rules of Criminal

Procedure.

In addition to the possession, sale, and trafficking charges. These activities can result in conspiracy, RICO, and fraud charges. Also, there are enhancements for location of the sales and identity of the customers.

18 U.S.C. § 846. Attempt and conspiracy

Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.

Statutes above are up to date from www.law.cornell.edu as of October 1, 2009.

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