TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... Sec. 402

TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... Sec. 402 

formation location tool (as those terms are defined in section 231 of the Communications Act of 1934); or 

(II) the transmission, storage, retrieval, hosting, formatting, or translation (or any com- bination thereof) of a communication, without se- lection or alteration of the content of the commu- nication, except that deletion of a particular com- munication or material made by another person in a manner consistent with section 230(c) of the Communications Act of 1934 shall not constitute such selection or alteration of the content of the communication. 

(B) The exceptions under subclauses (I) and (II) of sub- paragraph (A)(iii) shall not apply to a person acting in con- cert with a person who violates paragraph (1).
(4) KNOWING OR INTENTIONAL VIOLATION.—Any person who 

knowingly or intentionally violates this subsection shall be sen- tenced in accordance with subsection (b). 

PROHIBITED ACTS B—PENALTIES 

January 16, 2018 

SEC. 402. ø21 U.S.C. 842¿ (a) It shall be unlawful for any per- son— 

(1) who is subject to the requirements of part C to dis- tribute or dispense a controlled substance in violation of sec- tion 309; 

(2) who is a registrant to distribute or dispense a con- trolled substance not authorized by his registration to another registrant or other authorized person or to manufacture a con- trolled substance not authorized by his registration; 

(3) who is a registrant to distribute a controlled substance in violation of section 305 of this title; 

(4) to remove, alter, or obliterate a symbol or label re- quired by section 305 of this title; 

(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 title or title III; 

(6) to refuse any entry into any premises or inspection au- thorized by this title or title III; 

(7) to remove, break, injure, or deface a seal placed upon controlled substances pursuant to section 304(f) or 511 or to re- move or dispose of substances so placed under seal; 

(8) 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 title or title III, any information acquired in the course of an inspection authorized by this title 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 section 310) any information that is confidential under such section; 

As Amended Through P.L. 115-91, Enacted December 12, 2017 

VerDate Nov 24 2008 14:28 Jan 16, 2018 

Jkt 000000 PO 00000 Frm 00083 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TIAIOTCD.BEL HOLCPC 

G:\COMP\90-99\91-513.XML 

Sec. 402 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... 84 

(9) who is a regulated person to engage in a regulated transaction without obtaining the identification required by 310(a)(3); 

(10) negligently to fail to keep a record or make a report under section 310 or negligently to fail to self-certify as re- quired under section 310; 

(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 title or title III, with reckless disregard for the illegal uses to which such a laboratory supply will be put; 

(12) who is a regulated seller, or a distributor required to submit reports under subsection (b)(3) of section 310— 

(A) to sell at retail a scheduled listed chemical product in violation of paragraph (1) of subsection (d) of such sec- tion, knowing at the time of the transaction involved (inde- pendent of consulting the logbook under subsection (e)(1)(A)(iii) of such section) that the transaction is a viola- tion; 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) who is a regulated seller or an employee or agent of such seller to disclose, in violation of regulations under sub- paragraph (C) of section 310(e)(1), information in logbooks under subparagraph (A)(iii) of such section, or to refuse to pro- vide such a logbook to Federal, State, or local law enforcement authorities; 

(15) to distribute a scheduled listed chemical product to a regulated seller, or to a regulated person referred to in section 310(b)(3)(B), 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 section 310(e)(1)(B)(v); or 

(16) to violate subsection (e) of section 825 of this title.
As 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 manufac- ture of controlled substances and listed chemicals. For purposes of paragraph (11), there is a rebuttable presumption of reckless dis- regard 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 distrib- uted further by that customer, for the unlawful production of con- trolled 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 section 310(e)(1)(B)(v), the distributor may rely on a written, faxed, or electronic copy of a certificate of self-certifi- cation submitted by the regulated seller or regulated person, pro- 

January 16, 2018 As Amended Through P.L. 115-91, Enacted December 12, 2017 

VerDate Nov 24 2008 14:28 Jan 16, 2018 Jkt 000000 PO 00000 Frm 00084 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TIAIOTCD.BEL HOLCPC 

G:\COMP\90-99\91-513.XML 

85 TITLES II AND III OF THE COMPREHENSIVE DRUG ABUSE... Sec. 402 

vided the distributor confirms within 7 business days of the dis- tribution that such regulated seller or regulated person is on the list referred to under section 310(e)(1)(B)(v). 

(b) It shall be unlawful for any person who is a registrant to manufacture a controlled substance in schedule I or II, or ephed- rine, pseudoephedrine, or phenylpropanolamine or any of the salts, optical isomers, or salts of optical isomers of such chemical, which is— 

(1) not expressly authorized by his registration and by a quota assigned to him pursuant to section 306; or 

(2) in excess of a quota assigned to him pursuant to section 306. 

(c)(1)(A) Except as provided in subparagraph (B), (C), or (D) of this paragraph and paragraph (2), any person who violates this sec- tion 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 sec- tion 1355 of title 28 of the United States Code to enforce this para- graph. 

(B) In the case of a violation of paragraph (5) or (10) of sub- section (a), the civil penalty shall not exceed $10,000. 

(C) In the case of a violation of paragraph (16) of subsection (a) of this section by an importer, exporter, manufacturer, or dis- tributor (other than as provided in subparagraph (D)), up to $500,000 per violation. For purposes of this subparagraph, a viola- tion is defined as each instance of importation, exportation, manu- facturing, 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 vio- lation. 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 consid- ered a separate violation. 

(2)(A) If a violation of this section is prosecuted by an informa- tion 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) of this paragraph, be sentenced to imprison- ment of not more than one year or a fine under title 18, United States Code, or both. 

(B) If a violation referred to in subparagraph (A) was com- mitted after one or more prior convictions of the offender for an of- fense punishable under this paragraph (2), or for a crime under any other provision of this title or title III or other law of the United States relating to narcotic drugs, marihuana, or depressant 

January 16, 2018 As Amended Through P.L. 115-91, Enacted December 12, 2017 

VerDate Nov 24 2008 14:28 Jan 16, 2018 Jkt 000000 PO 00000 Frm 00085 Fmt 9001 Sfmt 9001 G:\COMP\90-99\TIAIOTCD.BEL HOLCPC 

G:\COMP\90-99\91-513.XML 

January 16, 2018