PRIA, Government Policy, Made Personal

Summary

Making, distributing, or possessing to sell drugs in Schedule I or II, flunitrazepam, or certain listed chemicals is illegal if you intend, know, or reasonably believe they will be illegally imported into the U.S. or waters within 12 miles. Also illegal: making or distributing a listed chemical if you intend or know it will be used to make a controlled drug and you reasonably believe that drug will be illegally imported. This covers U.S. citizens on any aircraft and anyone on U.S.-owned or -registered aircraft, and rule applies to acts outside U.S. territory.

Title 21, §959

Food and Drugs, Source: USLM XML via OLRC

(a)Manufacture or distribution for purpose of unlawful importation

It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or a listed chemical intending, knowing, or having reasonable cause to believe that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States.

(b)Manufacture or distribution of listed chemical for purpose of manufacture or unlawful importation of controlled substance

It shall be unlawful for any person to manufacture or distribute a listed chemical—

(1)intending or knowing that the listed chemical will be used to manufacture a controlled substance; and

(2)intending, knowing, or having reasonable cause to believe that the controlled substance will be unlawfully imported into the United States.

(c)Possession, manufacture, or distribution by person on board aircraft

It shall be unlawful for any United States citizen on board any aircraft, or any person on board an aircraft owned by a United States citizen or registered in the United States, to—

(1)manufacture or distribute a controlled substance or listed chemical; or

(2)possess a controlled substance or listed chemical with intent to distribute.

(d)Acts committed outside territorial jurisdiction of United States

This section is intended to reach acts of manufacture or distribution committed outside the territorial jurisdiction of the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Schedules I and II, referred to in subsec. (a), are set out in section 812(c) of this title.

Amendments

2017—Subsec. (d). Pub. L. 115–91 struck out “; venue” after “United States” in heading and “Any person who violates this section shall be tried in the United States district court at the point of entry where such person enters the United States, or in the United States District Court for the District of Columbia.” after “United States.” in text. 2016—Subsec. (a). Pub. L. 114–154, § 2(2), substituted “It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or a listed chemical intending, knowing, or having reasonable cause to believe that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States.” for “It shall be unlawful for any person to manufacture or distribute a controlled substance in schedule I or II or flunitrazepam or listed chemical— “(1) intending that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States; or “(2) knowing that such substance or chemical will be unlawfully imported into the United States or into waters within a distance of 12 miles of the coast of the United States.” Subsecs. (b) to (d). Pub. L. 114–154 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. 1996—Subsec. (a). Pub. L. 104–305 inserted “or flunitrazepam” after “schedule I or II” in introductory provisions. Pub. L. 104–237, § 102(a), inserted “or listed chemical” after “schedule I or II” in introductory provisions and “or chemical” after “substance” in pars. (1) and (2). Subsec. (b). Pub. L. 104–237, § 102(b), inserted “or listed chemical” after “controlled substance” in pars. (1) and (2). 1986—Pub. L. 99–570 designated first sentence as subsec. (a) and inserted “or into waters within a distance of 12 miles of the coast of the United States” in pars. (1) and (2), added subsec. (b), and designated last two sentences as subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of seventh calendar month that begins after Oct. 26, 1970, see 1105(a) of Pub. L. 91–513, set out as a under section 951 of this title.

§959 Possession, Manufacture, or Distribution of Controlled Substance