21 U.S.C. § 2302: Definitions

Summary

Defines key words used in the chapter so people know what they mean. It explains who counts as a person, what counts as opioid trafficking, who is a foreign person, what an entity is, and which congressional committees and leaders are considered "appropriate." "Alien", "national", and "national of the United States": use the meanings from title 8, section 1101. "Appropriate congressional committees and leadership": lists specific Senate committees (Appropriations; Armed Services; Banking, Housing, and Urban Affairs; Foreign Relations; Homeland Security and Governmental Affairs; Judiciary; Select Committee on Intelligence) plus the Senate majority and minority leaders, and specific House committees (Appropriations; Armed Services; Financial Services; Foreign Affairs; Homeland Security; Judiciary; Oversight and Reform; Permanent Select Committee on Intelligence) plus the Speaker and the House minority leader. "Controlled substance", "listed chemical", "narcotic drug", and "opioid": use the meanings from section 802 of this title. "Entity": covers partnerships, joint ventures, corporations, associations, networks, groups, or similar business arrangements. "Foreign opioid trafficker": someone the President finds plays a major role in opioid trafficking; this can include certain entities of the People’s Republic of China that make, move, sell, or finance those drugs and fail to take real steps to stop trafficking, and senior PRC officials who help or allow that trafficking. "Foreign person": a foreign citizen or national, or an entity not organized under U.S. law; does not include a foreign government. "Knowingly": means having actual knowledge or that a person should have known. "Opioid trafficking": making, moving, selling, financing, or transporting synthetic opioids or ingredients for them, trying to do those acts, or helping others do them. "Person": an individual or an entity. "United States person": a U.S. citizen or national, a lawful permanent resident, any U.S.-organized entity (including a foreign branch), or anyone located in the United States.

Title 21, §2302

Food and Drugs, Source: USLM XML via OLRC

In this chapter:

(1)Alien; national; national of the United States

The terms “alien”, “national”, and “national of the United States” have the meanings given those terms in section 1101 of title 8.

(2)Appropriate congressional committees and leadership

The term “appropriate congressional committees and leadership” means—

(A)the Committee on Appropriations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Select Committee on Intelligence, and the majority leader and the minority leader of the Senate; and

(B)the Committee on Appropriations, the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Oversight and Reform, the Permanent Select Committee on Intelligence, and the Speaker and the minority leader of the House of Representatives.

(3)Controlled substance; listed chemical

The terms “controlled substance”, “listed chemical”, “narcotic drug”, and “opioid” have the meanings given those terms in section 802 of this title.

(4)Entity

The term “entity” means a partnership, joint venture, association, corporation, organization, network, group, or subgroup, or any form of business collaboration.

(5)Foreign opioid trafficker

The term “foreign opioid trafficker” means—

(A)means 1 any foreign person that the President determines plays a significant role in opioid trafficking; and

(B)may 1 include—

(i)any entity of the People’s Republic of China that the President determines—

(I)produces, manufactures, distributes, sells, or knowingly finances or transports any goods described in clause (i) or (ii) of paragraph (8)(A); and

(II)demonstrates a pattern of failing to take credible steps (including implementing appropriate know-your-customer procedures or cooperating with United States counternarcotics efforts) to detect or prevent opioid trafficking; and

(ii)any senior official of the Government of the People’s Republic of China that—

(I)has significant regulatory or law enforcement responsibilities with respect to the activities of an entity described in clause (i); and

(II)aids and abets opioid trafficking.

(6)Foreign person

The term “foreign person”—

(A)means—

(i)any citizen or national of a foreign country; or

(ii)any entity not organized under the laws of the United States or a jurisdiction within the United States; and

(B)does not include the government of a foreign country.

(7)Knowingly

The term “knowingly”, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.

(8)Opioid trafficking

The term “opioid trafficking” means any illicit activity—

(A)to produce, manufacture, distribute, sell, or knowingly finance or transport—

(i)synthetic opioids, including controlled substances that are synthetic opioids and listed chemicals that are synthetic opioids; or

(ii)active pharmaceutical ingredients or chemicals that are used in the production of controlled substances that are synthetic opioids;

(B)to attempt to carry out an activity described in subparagraph (A); or

(C)to assist, abet, conspire, or collude with other persons to carry out such an activity.

(9)Person

The term “person” means an individual or entity.

(10)United States person

The term “United States person” means—

(A)any citizen or national of the United States;

(B)any alien lawfully admitted for permanent residence in the United States;

(C)any entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity); or

(D)any person located in the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this title”, meaning title LXXII of div. F of Pub. L. 116–92, Dec. 20, 2019, 133 Stat. 2262, known as the Fentanyl Sanctions Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 2301 of this title and Tables.

Amendments

2025—Par. (5). Pub. L. 119–60 designated existing provisions as subpar. (A) and added subpar. (B).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Rule of

Construction

Regarding the Use of Military Force Pub. L. 119–60, div. H, title LXXXIII, § 8320, Dec. 18, 2025, 139 Stat. 1863, provided that: “Nothing in this subtitle [subtitle B (§§ 8311–8320) of title LXXXIII of div. H of Pub. L. 119–60, amending this section, section 2311 and 2312 of this title, and section 2291h of Title 22, Foreign Relations and Intercourse, enacting provisions set out as notes under section 2313 of this title, section 2151 of Title 22, and section 1701 of Title 50, War and National Defense, and amending provisions set out as a note under section 2291 of Title 22], or the

Amendments

made by this subtitle, may be construed as authorizing the use of military force.”

§2302 Definitions

Summary

Title 21, §2302

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Construction

Amendments

Citations & Metadata