Sec. 1010. prohibited acts a—penalties
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## Sec. 1010 prohibited acts a—penalties **[**[21 U.S.C. 960](/us/usc/t21/s960)**]** ###
(a)Any person who— ####
(1)contrary to section 305, 1002, 1003, or 1007, knowingly or intentionally imports or exports a controlled substance, ####
(2)contrary to section 1005, knowingly or intentionally brings or possesses on board a vessel, aircraft, or vehicle a controlled substance, or ####
(3)contrary to section 1009, manufactures, possesses with intent to distribute, or distributes a controlled substance, shall be punished as provided in subsection (b). ###
(b)####
(1)In the case of a violation of subsection
(a)of this section involving— #####
(A)1 kilogram or more of a mixture or substance containing a detectable amount of heroin; #####
(B)5 kilograms or more of a mixture or substance containing a detectable amount of— ######
(i)coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; ######
(ii)cocaine, its salts, optical and geometric isomers, and salts or isomers; ######
(iii)ecgonine, its derivatives, their salts, isomers, and salts of isomers; or ######
(iv)any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses
(i)through (iii); #####
(C)280 grams or more of a mixture or substance described in subparagraph
(B)which contains cocaine base; #####
(D)100 grams or more of phencyclidine
(PCP)or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); #####
(E)10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); #####
(F)400 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 100 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or a fentanyl-related substance; #####
(G)1000 kilograms or more of a mixture or substance containing a detectable amount of marihuana; or #####
(H)50 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.59 59So in law. The period probably should be a semicolon. the person committing such violation shall be sentenced to a term of imprisonment of not less than 10 years and not more than life and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than 20 years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $10,000,000 if the defendant is an individual or $50,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 15 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $20,000,000 if the defendant is an individual or $75,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of title 1860, any sentence under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 5 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of supervised release of at least 10 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this paragraph. No person sentenced under this paragraph shall be eligible for parole during the term of imprisonment imposed therein. 60So in law. Probably should be “title 18, United States Code”. This Act does not contain a title 18. ####
(2)In the case of a violation of subsection
(a)of this section involving— #####
(A)100 grams or more of a mixture or substance containing a detectable amount of heroin; #####
(B)500 grams or more of a mixture or substance containing a detectable amount of— ######
(i)coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; ######
(ii)cocaine, its salts, optical and geometric isomers, and salts or isomers; ######
(iii)ecgonine, its derivatives, their salts, isomers, and salts of isomers; or ######
(iv)any compound, mixture, or preparation which contains any quantity of any of the substances referred to in clauses
(i)through (iii); #####
(C)28 grams or more of a mixture or substance described in subparagraph
(B)which contains cocaine base; #####
(D)10 grams or more of phencyclidine
(PCP)or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP); #####
(E)1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD); #####
(F)40 grams or more of a mixture or substance containing a detectable amount of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or 10 grams or more of a mixture or substance containing a detectable amount of any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide or a fentanyl-related substance; #####
(G)100 kilograms or more of a mixture or substance containing a detectable amount of marihuana; or #####
(H)5 grams or more of methamphetamine, its salts, isomers, and salts of its isomers or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers, or salts of its isomers.61 61So in law. The period probably should be a semicolon. the person committing such violation shall be sentenced to a term of imprisonment of not less than 5 years and not more than 40 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $5,000,000 if the defendant is an individual or $25,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a serious drug felony or serious violent felony has become final, such person shall be sentenced to a term of imprisonment of not less than 10 years and not more than life imprisonment and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $8,000,000 if the defendant is an individual or $50,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of title 1862, any sentence imposed under this paragraph shall, in the absence of such a prior conviction, include a term of supervised release of at least 4 years in addition to such term of imprisonment and shall, if there was such a prior conviction, include a term of supervised release of at least 8 years in addition to such term of imprisonment. Notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under this paragraph. No person sentenced under this paragraph shall be eligible for parole during the term of imprisonment imposed therein. 62So in law. Probably should be “title 18, United States Code”. This Act does not contain a title 18. ####
(3)In the case of a violation under subsection
(a)of this section involving a controlled substance in schedule I or II, gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000), or flunitrazepam, the person committing such violation shall, except as provided in paragraphs (1), (2), and (4), be sentenced to a term of imprisonment of not more than 20 years and if death or serious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years and not more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18, United States Code, or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for a felony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18, United States Code, or $2,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Notwithstanding section 3583 of title 1863, any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of suspervised release of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a term of suspervised release of at least 6 years in addition to such term of imprisonment. Notwithstanding the prior sentence, and notwithstanding any other provision of law, the court shall not place on probation or suspend the sentence of any person sentenced under the provisions of this paragraph which provide for a mandatory term of imprisonment if death or serious bodily injury results. 63So in law. Probably should be “title 18, United States Code”. This Act does not contain a title 18. ####
(4)In the case of a violation under subsection
(a)with respect to less than 50 kilograms of marihuana except in the case of 100 or more marihuana plants regardless of weight, less than 10 kilograms of hashish, or less than one kilogram of hashish oil, the person committing such violation shall be sentenced in accordance with section 401(b)(1)(D). ####
(5)In the case of a violation of subsection
(a)involving a controlled substance in schedule III, such person shall be sentenced in accordance with section 401(b)(1). ####
(6)In the case of a violation of subsection
(a)involving a controlled substance in schedule IV, such person shall be sentenced in accordance with section 401(b)(2). ####
(7)In the case of a violation of subsection
(a)involving a controlled substance in schedule V, such person shall be sentenced in accordance with section 401(b)(3). ### (c)64 A special parole term imposed under this section or section 1012 may be revoked if its terms and conditions are violated. In such circumstances the original term of imprisonment shall be increased by the period of the special parole term and the resulting new term of imprisonment shall not be diminished by the time which was spent on special parole. A person whose special parole term has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. The special term provided for in this section and in section 1012 is in addition to, and not in lieu of, any other parole provided for by law. 64The probable intent of the Congress is that subsection
(c)not appear in the law. Section 225 of Public Law 98–473 (98 Stat. 2030) provided that section 1010 above is amended “by repealing subsection (c)”. That repeal, however, was subject to a delayed effective date (see section 235 of such Public Law), and before that effective date was reached, section 1005(c) of Public Law 99–570 (100 Stat. 3207–6) amended section 225 of Public Law 98–473 so that the text of section 225 provided as follows: “Section 1515 of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended by repealing subsection (c).”. The probable intent of the Congress was that the amended section 225 strike subsection
(c)of section 1010, not section 1515, as this Act does not contain a section 1515 and as the cite provided to the United States Code is the Code citation for section 1010. ###
(d)A person who knowingly or intentionally— ####
(1)imports or exports a listed chemical with intent to manufacture a controlled substance in violation of this title or title II; ####
(2)exports a listed chemical in violation of the laws of the country to which the chemical is exported or serves as a broker or trader for an international transaction involving a listed chemical, if the transaction is in violation of the laws of the country to which the chemical is exported; ####
(3)imports or exports a listed chemical knowing, or having reasonable cause to believe, that the chemical will be used to manufacture a controlled substance in violation of this title or title II; ####
(4)exports a listed chemical, or serves as a broker or trader for an international transaction involving a listed chemical, knowing, or having reasonable cause to believe, that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; ####
(5)imports or exports a listed chemical, with the intent to evade the reporting or recordkeeping requirements of section 1018 applicable to such importation or exportation by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the 15-day notification requirement granted pursuant to paragraph
(2)or
(3)of section 1018(f) by misrepresenting the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported; ####
(6)imports a listed chemical in violation of section 1002, imports or exports such a chemical in violation of section 1007 or 1018, or transfers such a chemical in violation of section 1018(d); or ####
(7)manufactures, possesses with intent to distribute, or distributes a listed chemical in violation of section 959 of this title.65 65The reference to section 959 is so in law. See 102(c)(3) of Public Law 104–237 (110 Stat. 3100). Probably should be a reference to section 1009. shall be fined in accordance with title 18, imprisoned not more than 20 years in the case of a violation of paragraph
(1)or
(3)involving a list I chemical or not more than 10 years in the case of a violation of this subsection other than a violation of paragraph
(1)or
(3)involving a list I chemical, or both.
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U.S. Code
6 references not yet in our index
- Pub. L. 98-473
- 98 Stat. 2030
- Pub. L. 99-570
- 100 Stat. 3207
- Pub. L. 104-237
- 110 Stat. 3100
Citation graph
cites case law
Sec. 1010
prohibited acts a—penalties
Pub. L.Pub. L. 98-473
Stat.98 Stat. 2030
Pub. L.Pub. L. 99-570
Stat.100 Stat. 3207
Pub. L.Pub. L. 104-237
Cites 7 · showing 6Cited by 0 across 0 sources