US Code

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

21 U.S.C. § 843

Prohibited acts C

(a)

Unlawful acts

It shall be unlawful for any person knowingly or intentionally—
(1)
section 828 of this title 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 ;
(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)
section 830(a) of this title 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, 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 ;
(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;
(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 or, in the case of an exportation, in violation of this subchapter or subchapter II or of the laws of the country to which it is exported;
(8)
section 830 of this title to create a chemical mixture for the purpose of evading a requirement of 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.
(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. 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

(1)
1
1 So in original. Probably should not be capitalized.
111 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  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  I controlled substances and any similar written advertisement that has the purpose of seeking or offering illegally to receive, buy, or distribute a Schedule  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  I controlled substance.
(2)
(A)
21 U.S.C. 951 It shall be unlawful for any person to knowingly or intentionally use the Internet, or cause the Internet to be used, to advertise the sale of, or to offer to sell, distribute, or dispense, a controlled substance where such sale, distribution, or dispensing is not authorized by this subchapter or by the Controlled Substances Import and Export Act [ et seq.].
(B)
section 823(g) of this title Examples of activities that violate subparagraph (A) include, but are not limited to, knowingly or intentionally causing the placement on the Internet of an advertisement that refers to or directs prospective buyers to Internet sellers of controlled substances who are not registered with a modification under .
(C)
Subparagraph (A) does not apply to material that either—
(i)
merely advertises the distribution of controlled substances by nonpractitioners to the extent authorized by their registration under this subchapter; or
(ii)
merely advocates the use of a controlled substance or includes pricing information without attempting to facilitate an actual transaction involving a 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 not 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 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), 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);
(B)
2
2 See References in Text note below.
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)
section 842 of this title3
3 So in original. Probably should be preceded by “section”.
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, , or 856  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)
section 842 of this title Any order or judgment issued by the court pursuant to this subsection shall be tailored to restrain violations of this section or .
(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.

Pub. L. 91–513, title II, § 40384 Stat. 1263Pub. L. 95–633, title II, § 202(b)(3)92 Stat. 3776Pub. L. 98–473, title II, § 51698 Stat. 2074Pub. L. 99–570, title I, § 1866(a)100 Stat. 3207–54Pub. L. 100–690, title VI, § 6057102 Stat. 4319Pub. L. 103–200, § 3(g)107 Stat. 2337Pub. L. 103–322, title IX, § 90106108 Stat. 1988Pub. L. 104–237, title II110 Stat. 3102Pub. L. 107–273, div. B, title IV, § 4002(d)(2)(C)116 Stat. 1810Pub. L. 108–21, title VI, § 608(d)117 Stat. 691Pub. L. 110–425, § 3(g)122 Stat. 4830Pub. L. 117–215, title I, § 103(b)(1)(H)136 Stat. 2263(, , ; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 203(a), 206(b), , , 3103; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

section 812(c) of this titleSchedules I and II, referred to in subsecs. (a)(1) and (c)(1), are set out in .

Pub. L. 91–51384 Stat. 1242section 801 of this titleThis subchapter, referred to in subsec. (c)(2)(A), (C)(i), was in the original “this title”, meaning title II of , , , and is popularly known as the “Controlled Substances Act”. For complete classification of title II to the Code, see second paragraph of Short Title note set out under and Tables.

Pub. L. 91–51384 Stat. 1285section 951 of this titleThe Controlled Substances Import and Export Act, referred to in subsec. (c)(2)(A), is title III of , , , which is classified principally to subchapter II (§ 951 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 91–51384 Stat. 1242This subchapter or subchapter II of this chapter, referred to in subsec. (d)(2)(B), was in the original a reference to “this subchapter or subchapter II of this chapter” but probably should be a reference to “this title or title III of this Act”, meaning titles II and III, respectively, of , , , 1285.

The Federal Rules of Civil Procedure, referred to in subsec. (f)(4), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

The Federal Rules of Criminal Procedure, referred to in subsec. (f)(4), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.

Amendments

Pub. L. 117–2152022—Subsec. (c)(2)(B). substituted “823(g)” for “823(f)”.

Pub. L. 110–4252008—Subsec. (c). designated existing provisions as par. (1) and added par. (2).

Pub. L. 108–21section 842 of this titlesection 842 of this title2003—Subsec. (f)(1). substituted “this section, , or 856 of this title” for “this section or ”.

Pub. L. 107–2732002—Subsec. (d). substituted “under title 18, or both;” for “of not more than $30,000, or both;” in two places and “under title 18, or both.” for “of not more than $60,000, or both.” in two places.

Pub. L. 104–237, § 203(a)1996—Subsec. (d). , inserted par. (1) designation, substituted “Except as provided in paragraph (2), any person” for “Any person”, and added par. (2).

Pub. L. 104–237, § 206(b)(1)Subsec. (e). , inserted “manufacture, exportation,” after “distribution,” and struck out “regulated” after “engaging in any”.

Pub. L. 104–237, § 206(b)(2)Subsec. (f). , added subsec. (f).

Pub. L. 103–3221994—Subsecs. (c) to (e). added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

Pub. L. 103–200, § 3(g)(1)1993—Subsec. (a)(6), (7). , amended pars. (6) and (7) generally. Prior to amendment, pars. (6) and (7) read as follows:

“(6) to possess any three-neck round-bottom flask, tableting machine, encapsulating machine, gelatin capsule, or equipment specially designed or modified to manufacture a controlled substance, with intent to manufacture a controlled substance except as authorized by this subchapter;

“(7) to manufacture, distribute, or import any three-neck round-bottom flask, tableting machine, encapsulating machine, gelatin capsule, or equipment specially designed or modified to manufacture a controlled substance, knowing that it will be used to manufacture a controlled substance except as authorized by this subchapter; or”.

Pub. L. 103–200, § 3(g)(2)Subsec. (a)(9). , (3), added par. (9).

Pub. L. 100–690, § 6057(a)(1)1988—Subsec. (a)(4)(B). , substituted “a listed chemical” for “piperidine”.

Pub. L. 100–690, § 6057(a)(2)Subsec. (a)(6) to (8). –(4), added pars. (6) to (8).

Pub. L. 100–690, § 6057(b)Subsec. (d). , added subsec. (d).

Pub. L. 99–5701986—Subsec. (a)(2). substituted a semicolon for the period at end.

Pub. L. 98–4731984—Subsec. (a)(2). added applicability to dispensing, acquiring, or obtaining a controlled substance, and applicability to an expired number.

Pub. L. 95–633, § 202(b)(3)1978—Subsec. (a)(4). , designated existing provisions as subpar. (A) and added subpar. (B).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–425section 3(j) of Pub. L. 110–425section 802 of this titleAmendment by effective 180 days after , except as otherwise provided, see , set out as a note under .

Effective Date of 1993 Amendment

Pub. L. 103–200section 11 of Pub. L. 103–200section 802 of this titleAmendment by effective on date that is 120 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 , except as otherwise provided, 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 subsec. (a)(4)(B) of this section effective .