US Code

Public Law 119-73 (01/23/2026)

21 U.S.C. § 842

Prohibited acts B

(a)

Unlawful acts

It shall be unlawful for any person—
(1)
section 829 of this title who is subject to the requirements of part C to distribute or dispense a controlled substance in violation of ;
(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)
section 825 of this title who is a registrant to distribute a controlled substance in violation of ;
(4)
section 825 of this title to remove, alter, or obliterate a symbol or label required by ;
(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;
(6)
to refuse any entry into any premises or inspection authorized by this subchapter or subchapter II;
(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)
section 830 of this title 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, 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 ) any information that is confidential under such section;
(9)
1
1section 830(a)(3) of this title So in original. Probably should be “;”.
who is a regulated person to engage in a regulated transaction without obtaining the identification required by 830(a)(3) of this title.
(10)
section 830 of this titlesection 830 of this title negligently to fail to keep a record or make a report under or negligently to fail to self-certify as required under ;
(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, with reckless disregard for the illegal uses to which such a laboratory supply will be put;
(12)
section 830 of this title who is a regulated seller, or a distributor required to submit reports under subsection (b)(3) of —
(A)
to sell at retail a scheduled listed chemical product in violation of paragraph (1) of subsection (d) of such section, knowing at the time of the transaction involved (independent of consulting the logbook under subsection (e)(1)(A)(iii) of such section) that the transaction is a violation; or
(B)
to knowingly or recklessly sell at retail such a product in violation of paragraph (2) of such subsection (d);
(13)
who is a regulated seller to knowingly or recklessly sell at retail a scheduled listed chemical product in violation of subsection (e) of such section;
(14)
section 830(e)(1) of this title who is a regulated seller or an employee or agent of such seller to disclose, in violation of regulations under subparagraph (C) of , information in logbooks under subparagraph (A)(iii) of such section, or to refuse to provide such a logbook to Federal, State, or local law enforcement authorities;
(15)
section 830(b)(3)(B) of this titlesection 830(e)(1)(B)(v) of this title to distribute a scheduled listed chemical product to a regulated seller, or to a regulated person referred to in , unless such regulated seller or regulated person is, at the time of such distribution, currently registered with the Drug Enforcement Administration, or on the list of persons referred to under ;
(16)
section 825 of this title2
2 See References in Text note below.
to violate subsection (e) of ;  or
(17)
section 827(f) of this title in the case of a registered manufacturer or distributor of opioids, to fail to review the most recent information, directly related to the customers of the manufacturer or distributor, made available by the Attorney General in accordance with .
section 830(e)(1)(B)(v) of this titlesection 830(e)(1)(B)(v) of this titleAs 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. For purposes of paragraph (15), if the distributor is temporarily unable to access the list of persons referred to under , the distributor may rely on a written, faxed, or electronic copy of a certificate of self-certification submitted by the regulated seller or regulated person, provided the distributor confirms within 7 business days of the distribution that such regulated seller or regulated person is on the list referred to under .
(b)

Manufacture

It shall be unlawful for any person who is a registrant to manufacture a controlled substance in schedule I or II, or ephedrine, pseudoephedrine, or phenylpropanolamine or any of the salts, optical isomers, or salts of optical isomers of such chemical, which is—
(1)
section 826 of this title not expressly authorized by his registration and by a quota assigned to him pursuant to ; or
(2)
section 826 of this title in excess of a quota assigned to him pursuant to .
(c)

Penalties

(1)
(A)
section 1355 of title 28 Except as provided in subparagraph (B), (C), or (D) 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 to enforce this paragraph.
(B)
(i)
Except as provided in clause (ii), in the case of a violation of paragraph (5), (10), or (17) of subsection (a), the civil penalty shall not exceed $10,000.
(ii)
section 827(f) of this title In the case of a violation described in clause (i) committed by a registered manufacturer or distributor of opioids and related to the reporting of suspicious orders for opioids, failing to maintain effective controls against diversion of opioids, or failing to review the most recent information made available by the Attorney General in accordance with , the penalty shall not exceed $100,000.
(C)
In the case of a violation of paragraph (16) of subsection (a) of this section by an importer, exporter, manufacturer, or distributor (other than as provided in subparagraph (D)), up to $500,000 per violation. For purposes of this subparagraph, a violation is defined as each instance of importation, exportation, manufacturing, distribution, or possession with intent to manufacture or distribute, in violation of paragraph (16) of subsection (a).
(D)
In the case of a distribution, dispensing, or possession with intent to distribute or dispense in violation of paragraph (16) of subsection (a) of this section at the retail level, up to $1000 per violation. For purposes of this paragraph, the term “at the retail level” refers to products sold, or held for sale, directly to the consumer for personal use. Each package, container or other separate unit containing an anabolic steroid that is distributed, dispensed, or possessed with intent to distribute or dispense at the retail level in violation of such paragraph (16) of subsection (a) shall be considered a separate violation.
(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) or (D) 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 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, any business that violates paragraph (11) of subsection (a) 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.
(D)
section 827(f) of this title In the case of a violation described in subparagraph (A) that was a violation of paragraph (5), (10), or (17) of subsection (a) committed by a registered manufacturer or distributor of opioids that relates to the reporting of suspicious orders for opioids, failing to maintain effective controls against diversion of opioids, or failing to review the most recent information made available by the Attorney General in accordance with , the criminal fine under title 18 shall not exceed $500,000.
(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.
(4)
(A)
section 830(b)(3) of this title If a regulated seller, or a distributor required to submit reports under , violates paragraph (12) of subsection (a) of this section, or if a regulated seller violates paragraph (13) of such subsection, the Attorney General may by order prohibit such seller or distributor (as the case may be) from selling any scheduled listed chemical product. Any sale of such a product in violation of such an order is subject to the same penalties as apply under paragraph (2).
(B)
section 824(c) of this title An order under subparagraph (A) may be imposed only through the same procedures as apply under for an order to show cause.

Pub. L. 91–513, title II, § 40284 Stat. 1262Pub. L. 95–633, title II, § 202(b)(1)92 Stat. 3776Pub. L. 100–690, title VI, § 6056102 Stat. 4318Pub. L. 104–237, title II, § 205110 Stat. 3103Pub. L. 105–277, div. A, § 101(b) [title I, § 117]112 Stat. 2681–50Pub. L. 107–273, div. B, title IV, § 4002(b)(16)116 Stat. 1808Pub. L. 109–177, title VII120 Stat. 262–264Pub. L. 111–268124 Stat. 2847Pub. L. 113–260, § 3(c)128 Stat. 2931Pub. L. 115–271, title III, § 3273(c)132 Stat. 3953(, , ; , (2), , ; , , ; , , ; , , , 2681–68; , (d)(2)(B), , , 1809; , §§ 711(f)(1)(A), (2), 714, , ; , §§ 4, 5, , , 2848; , , ; , , .)

Editorial Notes

References in Text

Section 825 of this titlesection 305 of Pub. L. 91–513section 825 of this title, referred to in subsec. (a)(16), was so in the original, but probably should have been a reference to , which is classified to .

section 812(c) of this titleSchedules I and II, referred to in subsec. (b), are set out in .

Amendments

Pub. L. 115–271, § 3273(c)(1)2018—Subsec. (a)(17). , added par. (17).

Pub. L. 115–271, § 3273(c)(2)(A)Subsec. (c)(1)(B). , added subpar. (B) and struck out former subpar. (B) which read as follows: “In the case of a violation of paragraph (5) or (10) of subsection (a), the civil penalty shall not exceed $10,000.”

Pub. L. 115–271, § 3273(c)(2)(B)(i)Subsec. (c)(2)(A). , inserted “or (D)” after “subparagraph (B)”.

Pub. L. 115–271, § 3273(c)(2)(B)(ii)Subsec. (c)(2)(D). , added subpar. (D).

Pub. L. 113–260, § 3(c)(1)2014—Subsec. (a)(16). , added par. (16).

Pub. L. 113–260, § 3(c)(2)(A)Subsec. (c)(1)(A). , inserted “, (C), or (D)” after “subparagraph (B)”.

Pub. L. 113–260, § 3(c)(2)(B)Subsec. (c)(1)(C), (D). , added subpars. (C) and (D).

Pub. L. 111–268, § 4(4)section 830(e)(1)(B)(v) of this titlesection 830(e)(1)(B)(v) of this title2010—Subsec. (a). , inserted “For purposes of paragraph (15), if the distributor is temporarily unable to access the list of persons referred to under , the distributor may rely on a written, faxed, or electronic copy of a certificate of self-certification submitted by the regulated seller or regulated person, provided the distributor confirms within 7 business days of the distribution that such regulated seller or regulated person is on the list referred to under .” at end of concluding provisions.

Pub. L. 111–268, § 5section 830 of this titleSubsec. (a)(10). , inserted “or negligently to fail to self-certify as required under ” before semicolon.

Pub. L. 111–268, § 4(1)Subsec. (a)(15). –(3), added par. (15).

Pub. L. 109–177, § 711(f)(1)(A)2006—Subsec. (a)(12) to (14). , added pars. (12) to (14).

Pub. L. 109–177, § 714Subsec. (b). , inserted “, or ephedrine, pseudoephedrine, or phenylpropanolamine or any of the salts, optical isomers, or salts of optical isomers of such chemical,” after “manufacture a controlled substance in schedule I or II” in introductory provisions.

Pub. L. 109–177, § 711(f)(2)Subsec. (c)(4). , added par. (4).

Pub. L. 107–273, § 4002(d)(2)(B)(i)2002—Subsec. (c)(2)(A). , substituted “under title 18” for “of not more than $25,000”.

Pub. L. 107–273, § 4002(d)(2)(B)(ii)Subsec. (c)(2)(B). , substituted “under title 18” for “of $50,000”.

Pub. L. 107–273, § 4002(b)(16)Subsec. (c)(2)(C). , realigned margins.

Pub. L. 105–277, § 101(b) [title I, § 117(1)]1998—Subsec. (a)(5). , inserted “negligently” before “fail”.

Pub. L. 105–277, § 101(b) [title I, § 117(2)]Subsec. (a)(10). , inserted “negligently” before “to fail”.

Pub. L. 105–277, § 101(b) [title I, § 117(3)]Subsec. (c)(1). , designated existing provisions as subpar. (A), inserted “subparagraph (B) of this paragraph and” before “paragraph (2)”, and added subpar. (B).

Pub. L. 104–237, § 205(a)1996—Subsec. (a). , added par. (11) and closing provisions.

Pub. L. 104–237, § 205(b)Subsec. (c)(2)(C). , added subpar. (C).

Pub. L. 100–690, § 6056(a)section 830 of this title1988—Subsec. (a)(8). , inserted “, or to use to his own advantage or reveal (other than as authorized by ) any information that is confidential under such section” after “protection”.

Pub. L. 100–690, § 6056(b)section 830(a)(2) of this titleSubsec. (a)(9). , amended par. (9) generally. Prior to amendment, par. (9) read as follows: “to distribute or sell piperidine in violation of regulations established under , respecting presentation of identification.”

Pub. L. 100–690, § 6056(d)Subsec. (a)(10). , added par. (10).

Pub. L. 100–690, § 6056(c)section 830(a) of this titleSubsec. (c)(2)(C). , struck out subpar. (C) which read as follows: “Subparagraphs (A) and (B) shall not apply to a violation of subsection (a)(5) of this section with respect to a refusal or failure to make a report required under (relating to piperidine reporting).”

Pub. L. 95–633, § 202(b)(1)1978—Subsec. (a)(9). , added par. (9).

Pub. L. 95–633, § 202(b)(2)Subsec. (c)(2)(C). , added subpar. (C).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–268section 6(a) of Pub. L. 111–268section 830 of this titleAmendment by effective 180 days after , see , set out as a note under .

Effective Date of 1988 Amendment

Pub. L. 100–690section 6061 of Pub. L. 100–690section 802 of this titleAmendment by effective 120 days after , see , set out as a note under .

Effective Date of 1978 Amendment

Pub. L. 95–633section 203(a) of Pub. L. 95–633section 830 of this titleAmendment by effective , see set out as an Effective Date note under .

Effective Date

section 704 of Pub. L. 91–513section 801 of this titleSection effective on first day of seventh calendar month that begins after , see , set out as a note under .

Repeals

Pub. L. 96–359, § 8(b)94 Stat. 1194section 203(d) of Pub. L. 95–633, , , repealed , which had provided for the repeal of subsecs. (a)(9) and (c)(2)(C) of this section effective .