Sec. 403 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... 86

Sec. 403 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... 86 

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, United States Code, or both. 

(C) In addition to the penalties set forth elsewhere in this title or title III, 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. 

(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) If a regulated seller, or a distributor required to submit reports under section 310(b)(3), violates paragraph (12) of sub- section (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) An order under subparagraph (A) may be imposed only through the same procedures as apply under section 304(c) for an order to show cause. 

PROHIBITED ACTS C—PENALTIES 

SEC. 403. ø21 U.S.C. 843¿ (a) It shall be unlawful for any per- son knowingly or intentionally— 

(1) 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 re- quired by section 308 of this title; 

(2) to use in the course of the manufacture, distribution, or dispensing of a controlled substance, or to use for the pur- pose of acquiring or obtaining a controlled substance, a reg- istration number which is fictitious, revoked, suspended, ex- pired, or issued to another person; 

(3) to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge; (4)(A) to furnish false or fraudulent material information in, or omit any material information from, any application, re- port, record, or other document required to be made, kept, or filed under this title or title III, or (B) to present false or fraud- ulent identification where the person is receiving or purchasing a listed chemical and the person is required to present identi- 

fication under section 310(a);
(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 

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TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... Sec. 403 

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 title or title III; 

(7) to manufacture, distribute, export, or import any three- neck round-bottom flask, tableting machine, encapsulating ma- chine, 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 title or title III or, in the case of an exportation, in violation of this title or title III or of the laws of the country to which it is exported; 

(8) to create a chemical mixture for the purpose of evading a requirement of section 310 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 title or title III.
(b) It shall be unlawful for any person knowingly or inten- 

tionally to use any communication facility in committing or in caus- ing or facilitating the commission of any act or acts constituting a felony under any provision of this title or title III. Each separate use of a communication facility shall be a separate offense under this subsection. For purposes of this subsection, the term ‘‘commu- nication facility’’ means any and all public and private instrumen- talities 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)(1)35 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 offer- ing illegally to receive, buy, or distribute a Schedule I controlled substance. As used in this section the term ‘‘advertisement’’ in- cludes, 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 con- trolled substance. The term ‘‘advertisement’’ does not include mate- rial 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 sub- stance. 

(2)(A) It shall be unlawful for any person to knowingly or in- tentionally 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 

35 References in subsection (c)(1) to ‘‘Schedule I’’ probably should be ‘‘schedule I’’. 

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not authorized by this title or by the Controlled Substances Import and Export Act. 

(B) Examples of activities that violate subparagraph (A) in- clude, but are not limited to, knowingly or intentionally causing the placement on the Internet of an advertisement that refers to or di- rects prospective buyers to Internet sellers of controlled substances who are not registered with a modification under section 303(f). 

(C) Subparagraph (A) does not apply to material that either— (i) merely advertises the distribution of controlled sub- stances by nonpractitioners to the extent authorized by their 

registration under this title; 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)(1) Except as provided in paragraph (2), any person who vio- 

lates this section shall be sentenced to a term of imprisonment of not more than 4 years, a fine under title 18, United States Code, 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 title or title III or other law of the United States relating to narcotic drugs, mari- huana, 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, United States Code, or both. 

(2) Any person who, with the intent to manufacture or to facili- tate the manufacture of methamphetamine, violates paragraph (6) or (7) of subsection (a), shall be sentenced to a term of imprison- ment of not more than 10 years, a fine under title 18, United States Code, or both; except that if any person commits such a vio- lation after one or more prior convictions of that person— 

(A) for a violation of paragraph (6) or (7) of subsection (a); 

(B) for a felony under any other provision of this sub- chapter or subchapter II of this chapter; 36 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 im- prisonment of not more than 20 years, a fine under title 18, United States Code, or both. 

(e) In addition to any other applicable penalty, any person con- victed 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 involv- ing a listed chemical for not more than ten years. 

(f) INJUNCTIONS.—(1) 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, section 402, or 416 37. 

36 So in law. See section 203(a) of Public Law 104–237 (110 Stat. 3102). The reference to ‘‘this subchapter or subchapter II of this chapter’’ probably should be a reference to ‘‘this title or title III’’. The Controlled Substances Act does not contain any chapters or subchapters. (The Con- trolled Substances Act is title II of Public Law 91–513, and the Controlled Substances Import and Export Act is title III of such Public Law.) 

37 So in law. Probably should be ‘‘section 416’’. See section 608(d) of Public Law 108–21 (117 Stat. 691). 

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