§959 — Title 21 Food and Drugs | U.S. Code

Summary

Making or sending Schedule I or II drugs, flunitrazepam, or certain listed chemicals is illegal if you intend, know, or have good reason to believe they will be illegally brought into the United States or into waters within 12 miles of the U.S. coast. It is also illegal to make or send a listed chemical you know will be used to make such a drug that will be so imported. U.S.-linked aircraft activities are covered, including acts done outside U.S. territory.

Title 21, §959

Food and Drugs — Source: USLM XML via OLRC

(a)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)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)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)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