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21 U.S. Code § 841 - Prohibited acts A

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(a) Unlawful actsExcept as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally—
(2)
to create,distribute, or dispense, or possess with intent todistribute or dispense, acounterfeit substance.
(b) PenaltiesExcept as otherwise provided in section849,859,860, or861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows:
(1)
(A) In the case of a violation of subsection (a) of this section involving—
(i)
1 kilogram or more of a mixture or substance containing a detectable amount of heroin;
(ii) 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 geometricisomers, and salts ofisomers;
(III)
ecgonine, its derivatives, their salts,isomers, and salts ofisomers; or
(IV)
any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);
(iii)
280 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;
(iv)
100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);
(v)
10 grams or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
(vi)
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 afentanyl-related substance;
(vii)
1000 kilograms or more of a mixture or substance containing a detectable amount ofmarihuana, or 1,000 or moremarihuana plants regardless of weight; or
(viii)
50 grams or more of methamphetamine, its salts,isomers, and salts of itsisomers or 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts,isomers, or salts of itsisomers;
such person shall be sentenced to a term of imprisonment which may not be less than 10 years or more than life and if death orserious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 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 felonyorserious 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 injuryresults 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 or $20,000,000 if the defendant is an individual or $75,000,000 if the defendant is other than an individual, or both. If any person commits a violation of this subparagraph or of section849,859,860, or861 of this title after 2 or more prior convictions for a serious drug felonyor serious violent felonyhave become final, such person shall be sentenced to a term of imprisonment of not less than 25 years and fined in accordance with the preceding sentence. Notwithstandingsection 3583 of title 18, any sentence under this subparagraph 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 subparagraph. No person sentenced under this subparagraph shall be eligible for parole during the term of imprisonment imposed therein.
(B) In the case of a violation of subsection (a) of this section involving—
(i)
100 grams or more of a mixture or substance containing a detectable amount of heroin;
(ii) 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 geometricisomers, and salts ofisomers;
(III)
ecgonine, its derivatives, their salts,isomers, and salts ofisomers; or
(IV)
any compound, mixture, or preparation which contains any quantity of any of the substances referred to in subclauses (I) through (III);
(iii)
28 grams or more of a mixture or substance described in clause (ii) which contains cocaine base;
(iv)
10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture or substance containing a detectable amount of phencyclidine (PCP);
(v)
1 gram or more of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);
(vi)
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 afentanyl-related substance;
(vii)
100 kilograms or more of a mixture or substance containing a detectable amount ofmarihuana, or 100 or moremarihuana plants regardless of weight; or
(viii)
5 grams or more of methamphetamine, its salts,isomers, and salts of itsisomers or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts,isomers, or salts of itsisomers;
such person shall be sentenced to a term of imprisonment which may not be less than 5 years and not more than 40 years and if death orserious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 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 felonyorserious violent felony has become final, such person shall be sentenced to a term of imprisonment which may not be less than 10 years and not more than life imprisonment and if death or serious bodily injuryresults 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 or $8,000,000 if the defendant is an individual or $50,000,000 if the defendant is other than an individual, or both. Notwithstandingsection 3583 of title 18, any sentence imposed under this subparagraph 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 subparagraph. No person sentenced under this subparagraph shall be eligible for parole during the term of imprisonment imposed therein.
(C)
In the case of acontrolled substance in schedule I or II, gamma hydroxybutyric acid (including when scheduled as an approved drugproduct for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape DrugProhibition Act of 2000), or 1 gram of flunitrazepam, except as provided in subparagraphs (A), (B), and (D), such person shall be sentenced to a term of imprisonment of not more than 20 years and if death orserious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not less than twenty years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 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 offensehas become final, such person shall be sentenced to a term of imprisonment of not more than 30 years and if death orserious 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 or $2,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both. Notwithstandingsection 3583 of title 18, any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised 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 supervised release of at least 6 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 the provisions of this subparagraph which provide for a mandatory term of imprisonment if death or serious bodily injuryresults, nor shall a person so sentenced be eligible for parole during the term of such a sentence.
(D)
In the case of less than 50 kilograms ofmarihuana, except in the case of 50 or moremarihuana plants regardless of weight, 10 kilograms of hashish, or one kilogram of hashish oil, such person shall, except as provided in paragraphs (4) and (5) of this subsection, be sentenced to a term of imprisonment of not more than 5 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual, or both. If any person commits such a violation after a prior conviction for afelony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 10 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual, or both. Notwithstandingsection 3583 of title 18, any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 2 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 4 years in addition to such term of imprisonment.
(E)
(i)
Except as provided in subparagraphs (C) and (D), in the case of anycontrolled substance in schedule III, such person shall be sentenced to a term of imprisonment of not more than 10 years and if death orserious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not more than 15 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $500,000 if the defendant is an individual or $2,500,000 if the defendant is other than an individual, or both.
(ii)
If any person commits such a violation after a prior conviction for afelony drug offense has become final, such person shall be sentenced to a term of imprisonment of not more than 20 years and if death orserious bodily injury results from the use of such substance shall be sentenced to a term of imprisonment of not more than 30 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $1,000,000 if the defendant is an individual or $5,000,000 if the defendant is other than an individual, or both.
(iii)
Any sentence imposing a term of imprisonment under this subparagraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least 2 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 4 years in addition to such term of imprisonment.
(2)
In the case of acontrolled substance in schedule IV, such person shall be sentenced to a term of imprisonment of not more than 5 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 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 offensehas become final, such person shall be sentenced to a term of imprisonment of not more than 10 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a term of supervised release of at least one year 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 2 years in addition to such term of imprisonment.
(3)
In the case of acontrolled substance in schedule V, such person shall be sentenced to a term of imprisonment of not more than one year, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $100,000 if the defendant is an individual or $250,000 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 offensehas become final, such person shall be sentenced to a term of imprisonment of not more than 4 years, a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $200,000 if the defendant is an individual or $500,000 if the defendant is other than an individual, or both. Any sentence imposing a term of imprisonment under this paragraph may, if there was a prior conviction, impose a term of supervised release of not more than 1 year, in addition to such term of imprisonment.
(4)
Notwithstanding paragraph (1)(D) of this subsection, any person who violates subsection (a) of this section by distributing a small amount ofmarihuana for no remuneration shall be treated as provided insection 844 of this title andsection 3607 of title 18.
(5) Any person who violates subsection (a) of this section by cultivating or manufacturing acontrolled substance on Federal property shall be imprisoned as provided in this subsection and shall be fined any amount not to exceed—
(A)
the amount authorized in accordance with this section;
(B)
the amount authorized in accordance with the provisions of title 18;
(C)
$500,000 if the defendant is an individual; or
(D)
$1,000,000 if the defendant is other than an individual;
or both.
(6) Any person who violates subsection (a), or attempts to do so, and knowingly or intentionally uses a poison, chemical, or other hazardous substance on Federal land, and, by such use—
(A)
creates a serious hazard to humans, wildlife, or domestic animals,
(B)
degrades or harms the environment or natural resources, or
(C)
pollutes an aquifer, spring, stream, river, or body of water,
shall be fined in accordance with title 18 or imprisoned not more than five years, or both.
(7) Penalties for distribution.—
(A) In general.—
Whoever, with intent to commit a crime of violence, as defined insection 16 of title 18 (including rape), against an individual, violates subsection (a) by distributing a controlled substanceor controlled substance analogueto that individual without that individual’s knowledge, shall be imprisoned not more than 20 years and fined in accordance with title 18.
(B) Definition.—
For purposes of this paragraph, the term “without that individual’s knowledge” means that the individual is unaware that a substance with the ability to alter that individual’s ability to appraise conduct or to decline participation in or communicate unwillingness to participate in conduct is administered to the individual.
(c) Offenses involving listed chemicalsAny person who knowingly or intentionally—
(1)
possesses alisted chemical with intent to manufactureacontrolled substance except as authorized by this subchapter;
(2)
possesses ordistributes alisted chemical knowing, or having reasonable cause to believe, that thelisted chemical will be used to manufactureacontrolled substance except as authorized by this subchapter; or
(3)
with the intent of causing the evasion of the recordkeeping or reporting requirements ofsection 830 of this title, or the regulations issued under that section, receives or distributesa reportable amount of any listed chemicalin units small enough so that the making of records or filing of reports under that section is not required;
shall be fined in accordance with title 18 or imprisoned not more than 20 years in the case of a violation of paragraph (1) or (2) involving alist 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 (2) involving alist I chemical, or both.
(d) Boobytraps on Federal property; penalties; “boobytrap” defined
(1)
Any person who assembles, maintains, places, or causes to be placed aboobytrap on Federal property where a controlled substanceis being manufactured, distributed, or dispensed shall be sentenced to a term of imprisonment for not more than 10 years or fined under title 18, or both.
(2)
If any person commits such a violation after 1 or more prior convictions for an offense punishable under this subsection, such person shall be sentenced to a term of imprisonment of not more than 20 years or fined under title 18, or both.
(3)
For the purposes of this subsection, the term “boobytrap” means any concealed or camouflaged device designed to cause bodily injury when triggered by any action of any unsuspecting person making contact with the device. Such term includes guns, ammunition, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, and lines or wires with hooks attached.
(e) Ten-year injunction as additional penalty

In addition to any other applicable penalty, any person convicted of afelony violation of this section relating to the receipt, distribution,manufacture, exportation, or importation of alisted chemical may be enjoined from engaging in any transaction involving alisted chemical for not more than ten years.

(f) Wrongful distribution or possession of listed chemicals
(1)
Whoever knowinglydistributes alisted chemical in violation of this subchapter (other than in violation of a recordkeeping or reporting requirement ofsection 830 of this title) shall, except to the extent that paragraph (12), (13), or (14) ofsection 842(a) of this title applies, be fined under title 18 or imprisoned not more than 5 years, or both.
(2)
Whoever possesses anylisted chemical, with knowledge that the recordkeeping or reporting requirements ofsection 830 of this title have not been adhered to, if, after such knowledge is acquired, such person does not take immediate steps to remedy the violation shall be fined under title 18 or imprisoned not more than one year, or both.
(g) Internet sales of date rape drugs
(1) Whoever knowingly uses theInternet todistribute adate rape drug to any person, knowing or with reasonable cause to believe that—
(A)
thedrug would be used in the commission of criminal sexual conduct; or
(B)
the person is not anauthorized purchaser;
shall be fined under this subchapter or imprisoned not more than 20 years, or both.
(2) As used in this subsection:
(A) The term “date rape drug” means—
(i)
gamma hydroxybutyric acid (GHB) or anycontrolled substance analogue of GHB, including gamma butyrolactone (GBL) or 1,4–butanediol;
(ii)
ketamine;
(iii)
flunitrazepam; or
(iv)
any substance which the Attorney General designates, pursuant to the rulemaking procedures prescribed bysection 553 of title 5, to be used in committing rape or sexual assault.
The Attorney General is authorized to remove any substance from the list ofdate rape drugs pursuant to the same rulemaking authority.
(B) The term “authorized purchaser” means any of the following persons, provided such person has acquired the controlled substancein accordance with this chapter:
(i)
A person with a valid prescription that is issued for a legitimate medical purpose in the usual course of professional practice that is based upon aqualifying medical relationship by a practitionerregistered by the Attorney General. A “qualifying medical relationship” means a medical relationship that exists when the practitionerhas conducted at least 1 medical evaluation with the authorized purchaserin the physical presence of the practitioner, without regard to whether portions of the evaluation are conducted by other heath [1] professionals. The preceding sentence shall not be construed to imply that 1 medical evaluation demonstrates that a prescription has been issued for a legitimate medical purpose within the usual course of professional practice.
(ii)
Anypractitioner or other registrant who is otherwise authorized by their registration to dispense, procure, purchase, manufacture, transfer, distribute, import, or export the substance under this chapter.
(iii)
A person or entity providing documentation that establishes the name, address, and business of the person or entity and which provides a legitimate purpose for using any “date rape drug” for which a prescription is not required.
(3)
The Attorney General is authorized to promulgate regulations for record-keeping and reporting by persons handling 1,4–butanediol in order to implement and enforce the provisions of this section. Any record or report required by such regulations shall be considered a record or report required under this chapter.
(h) Offenses involving dispensing of controlled substances by means of the Internet
(1) In generalIt shall be unlawful for any person to knowingly or intentionally—
(A)
deliver,distribute, or dispenseacontrolled substance by means of the Internet, except as authorized by this subchapter; or
(B)
aid or abet (as such terms are used insection 2 of title 18) any activity described in subparagraph (A) that is not authorized by this subchapter.
(2) ExamplesExamples of activities that violate paragraph (1) include, but are not limited to, knowingly or intentionally—
(A)
delivering, distributing, or dispensing acontrolled substance by means of the Internetby an online pharmacythat is not validly registered with a modification authorizing such activity as required bysection 823(g) of this title (unless exempt from such registration);
(B)
writing a prescription for acontrolled substance for the purpose of delivery, distribution, or dispensation by means of the Internetin violation ofsection 829(e) of this title;
(C)
serving as anagent, intermediary, or other entity that causes theInternet to be used to bring together a buyer and seller to engage in the dispensing of acontrolled substance in a manner not authorized by sections [2] 823(g) or 829(e) of this title;
(D)
offering to fill a prescription for acontrolled substance based solely on a consumer’s completion of an online medical questionnaire; and
(E)
making a material false, fictitious, or fraudulent statement or representation in a notification or declaration under subsection (d) or (e), respectively, ofsection 831 of this title.
(3) Inapplicability
(A) This subsection does not apply to—
(i)
thedelivery, distribution, or dispensation ofcontrolled substances by nonpractitioners to the extent authorized by their registration under this subchapter;
(ii)
the placement on theInternet of material that merely advocates the use of acontrolled substance or includes pricing information without attempting to propose or facilitate an actual transaction involving acontrolled substance; or
(iii) except as provided in subparagraph (B), any activity that is limited to—
(I)
the provision of a telecommunications service, or of anInternet access service orInternet information location tool (as those terms are defined insection 231 of title 47); or
(II)
the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication, without selection or alteration of the content of the communication, except that deletion of a particular communication or material made by another person in a manner consistent withsection 230(c) of title 47 shall not constitute such selection or alteration of the content of the communication.
(B)
The exceptions under subclauses (I) and (II) of subparagraph (A)(iii) shall not apply to a person acting in concert with a person who violates paragraph (1).
(4) Knowing or intentional violation

Any person who knowingly or intentionally violates this subsection shall be sentenced in accordance with subsection (b).

(Pub. L. 91–513, title II, § 401,Oct. 27, 1970,84 Stat. 1260;Pub. L. 95–633, title II, § 201,Nov. 10, 1978,92 Stat. 3774;Pub. L. 96–359, § 8(c),Sept. 26, 1980,94 Stat. 1194;Pub. L. 98–473, title II, §§ 224(a), 502, 503(b)(1), (2),Oct. 12, 1984,98 Stat. 2030, 2068, 2070;Pub. L. 99–570, title I, §§ 1002, 1003(a), 1004(a), 1005(a), 1103, title XV, § 15005,Oct. 27, 1986,100 Stat. 3207–2, 3207–5, 3207–6, 3207–11, 3207–192;Pub. L. 100–690, title VI, §§ 6055, 6254(h), 6452(a), 6470(g), (h), 6479,Nov. 18, 1988,102 Stat. 4318, 4367, 4371, 4378, 4381;Pub. L. 101–647, title X, § 1002(e), title XII, § 1202, title XXXV, § 3599K,Nov. 29, 1990,104 Stat. 4828, 4830, 4932;Pub. L. 103–322, title IX, § 90105(a), (c), title XVIII, § 180201(b)(2)(A),Sept. 13, 1994,108 Stat. 1987, 1988, 2047;Pub. L. 104–237, title II, § 206(a), title III, § 302(a),Oct. 3, 1996,110 Stat. 3103, 3105;Pub. L. 104–305, § 2(a), (b)(1),Oct. 13, 1996,110 Stat. 3807;Pub. L. 105–277, div. E, § 2(a),Oct. 21, 1998,112 Stat. 2681–759;Pub. L. 106–172, §§ 3(b)(1), 5(b), 9,Feb. 18, 2000,114 Stat. 9, 10, 13;Pub. L. 107–273, div. B, title III, § 3005(a), title IV, § 4002(d)(2)(A),Nov. 2, 2002,116 Stat. 1805, 1809;Pub. L. 109–177, title VII, §§ 711(f)(1)(B), 732,Mar. 9, 2006,120 Stat. 262, 270;Pub. L. 109–248, title II, § 201,July 27, 2006,120 Stat. 611;Pub. L. 110–425, § 3(e), (f),Oct. 15, 2008,122 Stat. 4828, 4829;Pub. L. 111–220, §§ 2(a), 4(a),Aug. 3, 2010,124 Stat. 2372;Pub. L. 115–391, title IV, § 401(a)(2),Dec. 21, 2018,132 Stat. 5220;Pub. L. 117–215, title I, § 103(b)(1)(G),Dec. 2, 2022,136 Stat. 2263;Pub. L. 119–26, § 6(a),July 16, 2025,139 Stat. 417.)


[1] So in original. Probably should be “health”.

[2] So in original. Probably should be “section”.
Editorial Notes
References in Text

This subchapter, referred to in subsecs. (a), (b)(1), (c)(1), (2), (f)(1), (g)(1), and (h)(1), (3)(A)(i), was in the original “this title”, meaning title II ofPub. L. 91–513,Oct. 27, 1970,84 Stat. 1242, 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 undersection 801 of this title and Tables.

Schedules I, II, III, IV, and V, referred to in subsec. (b), are set out insection 812(c) of this title.

Section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Prohibition Act of 2000, referred to in subsec. (b)(1)(C), issection 3(a)(1)(B) of Pub. L. 106–172, which is set out in a note undersection 812 of this title.

This chapter, referred to in subsec. (g)(2)(B), (3), was in the original “this Act”, meaningPub. L. 91–513,Oct. 27, 1970,84 Stat. 1236. For complete classification of this Act to the Code, see Short Title note set out undersection 801 of this title and Tables.

Amendments

2025—Subsec. (b)(1)(A)(vi).Pub. L. 119–26, § 6(a)(1), inserted “or a fentanyl-related substance” after “any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide”.

Subsec. (b)(1)(B)(vi).Pub. L. 119–26, § 6(a)(2), inserted “or a fentanyl-related substance” after “any analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide”.

2022—Subsec. (h)(2).Pub. L. 117–215 substituted “823(g)” for “823(f)” in two places.

2018—Subsec. (b)(1)(A).Pub. L. 115–391, § 401(a)(2)(A), in concluding provisions, substituted “If any person commits such a violation after a prior conviction for a serious drug felonyor serious violent felonyhas become final, such person shall be sentenced to a term of imprisonment of not less than 15 years” for “If any person commits such a violation after a prior conviction for a felony drug offensehas become final, such person shall be sentenced to a term of imprisonment which may not be less than 20 years” and “after 2 or more prior convictions for a serious drug felonyor serious violent felonyhave become final, such person shall be sentenced to a term of imprisonment of not less than 25 years” for “after two or more prior convictions for a felony drug offensehave become final, such person shall be sentenced to a mandatory term of life imprisonment without release”.

Subsec. (b)(1)(B).Pub. L. 115–391, § 401(a)(2)(B), in concluding provisions, substituted “If any person commits such a violation after a prior conviction for a serious drug felonyor serious violent felonyhas become final” for “If any person commits such a violation after a prior conviction for a felony drug offensehas become final”.

2010—Subsec. (b)(1)(A).Pub. L. 111–220, § 4(a)(1), in concluding provisions, substituted “$10,000,000” for “$4,000,000”, “$50,000,000” for “$10,000,000”, “$20,000,000” for “$8,000,000”, and “$75,000,000” for “$20,000,000”.

Subsec. (b)(1)(A)(iii).Pub. L. 111–220, § 2(a)(1), substituted “280 grams” for “50 grams”.

Subsec. (b)(1)(B).Pub. L. 111–220, § 4(a)(2), in concluding provisions, substituted “$5,000,000” for “$2,000,000”, “$25,000,000” for “$5,000,000”, “$8,000,000” for “$4,000,000”, and “$50,000,000” for “$10,000,000”.

Subsec. (b)(1)(B)(iii).Pub. L. 111–220, § 2(a)(2), substituted “28 grams” for “5 grams”.

2008—Subsec. (b)(1)(D).Pub. L. 110–425, § 3(e)(1)(A), struck out “or in the case of any controlled substancein schedule III (other than gamma hydroxybutyric acid), or 30 milligrams of flunitrazepam” after “hashish oil”.

Subsec. (b)(1)(E).Pub. L. 110–425, § 3(e)(1)(B), added subpar. (E).

Subsec. (b)(2).Pub. L. 110–425, § 3(e)(2), substituted “5 years” for “3 years”, “10 years” for “6 years”, and “after a prior conviction for a felony drug offensehas become final,” for “after one or more prior convictions of him for an offense punishable under this paragraph, or for a felonyunder any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final,”.

Subsec. (b)(3).Pub. L. 110–425, § 3(e)(3), substituted “4 years” for “2 years” and “after a prior conviction for a felony drug offensehas become final,” for “after one or more convictions of him for an offense punishable under this paragraph, or for a crime under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final,” and inserted at end “Any sentence imposing a term of imprisonment under this paragraph may, if there was a prior conviction, impose a term of supervised release of not more than 1 year, in addition to such term of imprisonment.”

Subsec. (h).Pub. L. 110–425, § 3(f), added subsec. (h).

2006—Subsec. (b)(5).Pub. L. 109–177, § 732, inserted “or manufacturing” after “cultivating” in introductory provisions.

Subsec. (f)(1).Pub. L. 109–177, § 711(f)(1)(B), inserted “, except to the extent that paragraph (12), (13), or (14) ofsection 842(a) of this title applies,” after “shall”.

Subsec. (g).Pub. L. 109–248 added subsec. (g).

2002—Subsec. (b)(1)(A), (B).Pub. L. 107–273, § 3005(a), substituted “Notwithstandingsection 3583 of title 18, any sentence” for “Any sentence” in concluding provisions.

Subsec. (b)(1)(C), (D).Pub. L. 107–273, § 3005(a), substituted “Notwithstandingsection 3583 of title 18, any sentence” for “Any sentence”.

Subsec. (d)(1).Pub. L. 107–273, § 4002(d)(2)(A)(i), substituted “or fined under title 18, or both” for “and shall be fined not more than $10,000”.

Subsec. (d)(2).Pub. L. 107–273, § 4002(d)(2)(A)(ii), substituted “or fined under title 18, or both” for “and shall be fined not more than $20,000”.

2000—Subsec. (b)(1)(C).Pub. L. 106–172, § 3(b)(1)(A), inserted “gamma hydroxybutyric acid (including when scheduled as an approved drugproduct for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape DrugProhibition Act of 2000),” after “schedule I or II,” in first sentence.

Subsec. (b)(1)(D).Pub. L. 106–172, § 3(b)(1)(B), substituted “(other than gamma hydroxybutyric acid), or 30” for “, or 30”.

Subsec. (b)(7)(A).Pub. L. 106–172, § 5(b), inserted “or controlled substance analogue” after “distributing a controlled substance”.

Subsecs. (c) to (g).Pub. L. 106–172, § 9, redesignated subsecs. (d) to (g) as (c) to (f), respectively.

1998—Subsec. (b)(1).Pub. L. 105–277 in subpar. (A)(viii) substituted “50 grams” and “500 grams” for “100 grams” and “1 kilogram”, respectively, and in subpar. (B)(viii) substituted “5 grams” and “50 grams” for “10 grams” and “100 grams”, respectively.

1996—Subsec. (b)(1)(C).Pub. L. 104–305, § 2(b)(1)(A), inserted “, or 1 gram of flunitrazepam,” after “schedule I or II”.

Subsec. (b)(1)(D).Pub. L. 104–305, § 2(b)(1)(B), inserted “or 30 milligrams of flunitrazepam,” after “schedule III,”.

Subsec. (b)(7).Pub. L. 104–305, § 2(a), added par. (7).

Subsec. (d).Pub. L. 104–237, § 302(a), in concluding provisions, substituted “not more than 20 years in the case of a violation of paragraph (1) or (2) involving a list I chemicalor not more than 10 years in the case of a violation of this subsection other than a violation of paragraph (1) or (2) involving a list I chemical,” for “not more than 10 years,”.

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

1994—Subsec. (b).Pub. L. 103–322, § 180201(b)(2)(A), inserted “849,” before “859,” in introductory provisions.

Subsec. (b)(1)(A).Pub. L. 103–322, §§ 90105(c), 180201(b)(2)(A), in concluding provisions, inserted “849,” before “859,” and struck out “For purposes of this subparagraph, the term‘felony drug offense’ means an offense that is a felonyunder any provision of this subchapter or any other Federal law that prohibits or restricts conduct relating to narcotic drugs, marihuana, or depressant or stimulant substancesor a felonyunder any law of a Stateor a foreign country that prohibits or restricts conduct relating to narcotic drugs, marihuana, or depressant or stimulant substances.” before “Any sentence under this subparagraph”.

Subsec. (b)(1)(B).Pub. L. 103–322, § 90105(a), in sentence in concluding provisions beginning “If any person commits”, substituted “a prior conviction for a felony drug offensehas become final” for “one or more prior convictions for an offense punishable under this paragraph, or for a felonyunder any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final”.

Subsec. (b)(1)(C).Pub. L. 103–322, § 90105(a), in sentence beginning “If any person commits”, substituted “a prior conviction for a felony drug offensehas become final” for “one or more prior convictions for an offense punishable under this paragraph, or for a felonyunder any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United Statesor a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final”.

Subsec. (b)(1)(D).Pub. L. 103–322, § 90105(a), in sentence beginning “If any person commits”, substituted “a prior conviction for a felony drug offensehas become final” for “one or more prior convictions of him for an offense punishable under this paragraph, or for a felonyunder any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final”.

1990—Subsec. (b).Pub. L. 101–647, § 1002(e)(1), substituted “section 859, 860, or 861” for “section 845, 845a, or 845b” in introductory provisions.

Subsec. (b)(1)(A).Pub. L. 101–647, § 1002(e)(1), substituted “section 859, 860, or 861” for “section 845, 845a, or 845b” in concluding provisions.

Subsec. (b)(1)(A)(ii)(IV).Pub. L. 101–647, § 3599K, substituted “any of the substances” for “any of the substance”.

Subsec. (b)(1)(A)(viii).Pub. L. 101–647, § 1202, substituted “or 1 kilogram or more of a mixture or substance containing a detectable amount of methamphetamine” for “or 100 grams or more of a mixture or substance containing a detectable amount of methamphetamine”.

Subsec. (b)(1)(B)(ii)(IV).Pub. L. 101–647, § 3599K, substituted “any of the substances” for “any of the substance”.

Subsec. (c).Pub. L. 101–647, § 1002(e)(2), directed amendment of subsec. (c) by substituting “section 859, 860, or 861 of this title” for “section 845, 845a, or 845b of this title”. Subsec. (c) was previously repealed byPub. L. 98–473, § 224(a)(2), as renumbered byPub. L. 99–570, § 1005(a), effectiveNov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment. See 1984 Amendment note and Effective Date of 1984 Amendment note below.

1988—Subsec. (b)(1)(A).Pub. L. 100–690, §§ 6452(a), 6470(g), 6479(1), inserted “, or 1,000 or more marihuanaplants regardless of weight” in cl. (vii), added cl. (viii), substituted “a prior conviction for a felony drug offensehas become final” for “one or more prior convictions for an offense punishable under this paragraph, or for a felonyunder any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final” in second sentence, and added provisions relating to sentencing for a person who violates this subpar. or section 485, 485a, or 485b of this title after two or more prior convictions for a felony drug offensehave become final and defining“felony drug offense”.

Subsec. (b)(1)(B).Pub. L. 100–690, §§ 6470(h), 6479(2), inserted “, or 100 or more marihuanaplants regardless of weight” in cl. (vii) and added cl. (viii).

Subsec. (b)(1)(D).Pub. L. 100–690, § 6479(3), substituted “50 or more marihuanaplants” for “100 or more marihuanaplants”.

Subsec. (b)(6).Pub. L. 100–690, § 6254(h), added par. (6).

Subsec. (d).Pub. L. 100–690, § 6055(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “Any person who knowingly or intentionally—

“(1) possesses any piperidine with intent tomanufacture phencyclidine except as authorized by this subchapter, or

“(2) possesses any piperidine knowing, or having reasonable cause to believe, that the piperidine will be used tomanufacture phencyclidine except as authorized by this subchapter,

shall be sentenced to a term of imprisonment of not more than 5 years, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual, or both.”

Subsecs. (f), (g).Pub. L. 100–690, § 6055(b), added subsecs. (f) and (g).

1986—Pub. L. 99–570, § 1005(a), amendedPub. L. 98–473, § 224(a). See 1984 Amendment note below.

Subsec. (b).Pub. L. 99–570, § 1103(a), substituted “, 845a, or 845b” for “or 845a” in introductory provisions.

Subsec. (b)(1)(A).Pub. L. 99–570, § 1002(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “In the case of a violation of subsection (a) of this section involving—

“(i) 100 grams or more of acontrolled substance in schedule I or II which is a mixture or substance containing a detectable amount of a narcotic drugother than a narcotic drugconsisting of—

“(I) coca leaves;

“(II) a compound,manufacture, salt, derivative, or preparation of coca leaves; or

“(III) a substance chemically identical thereto;

“(ii) a kilogram or more of any othercontrolled substance in schedule I or II which is a narcotic drug;

“(iii) 500 grams or more of phencyclidine (PCP); or

“(iv) 5 grams or more of lysergic acid di­ethylamide (LSD);

such person shall be sentenced to a term of imprisonment of not more than 20 years, a fine of not more than $250,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for afelony under any other provision of this subchapter or subchapter II of this chapter or other law of a State, theUnited States, or a foreign country relating tonarcotic drugs, marihuana, ordepressant or stimulant substances, have become final, such person shall be sentenced to a term of imprisonment of not more than 40 years, a fine of not more than $500,000, or both”.

Subsec. (b)(1)(B).Pub. L. 99–570, § 1002(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “In the case of a controlled substancein schedule I or II except as provided in subparagraphs (A) and (C),, such person shall be sentenced to a term of imprisonment of not more than 15 years, a fine of not more than $125,000, or both. If any person commits such a violation after one or more prior convictions of him for an offense punishable under this paragraph, or for a felonyunder any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country 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 30 years, a fine of not more than $250,000, or both. Any sentence imposing a term of imprisonment under this paragraph shall, in the absence of such a prior conviction, impose a special parole term of at least 3 years in addition to such term of imprisonment and shall, if there was such a prior conviction, impose a special parole term of at least 6 years in addition to such term of imprisonment.”

Subsec. (b)(1)(C).Pub. L. 99–570, § 1002(2), added subpar. (C). Former subpar. (C) redesignated (D).

Subsec. (b)(1)(D).Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term” in two places.

Pub. L. 99–570, §§ 1002(1), 1003(a)(1), redesignated former subpar. (C) as (D), substituted “a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual” for “a fine of not more than $50,000” and “a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual” for “a fine of not more than $100,000”, and inserted “except in the case of 100 or more marihuanaplants regardless of weight,”.

Subsec. (b)(2).Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term” in two places.

Pub. L. 99–570, § 1003(a)(2), substituted “a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual” for “a fine of not more than $25,000” and “a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual” for “a fine of not more than $50,000”.

Subsec. (b)(3).Pub. L. 99–570, § 1003(a)(3), substituted “a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $100,000 if the defendant is an individual or $250,000 if the defendant is other than an individual” for “a fine of not more than $10,000” and “a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $200,000 if the defendant is an individual or $500,000 if the defendant is other than an individual” for “a fine of not more than $20,000”.

Subsec. (b)(4).Pub. L. 99–570, § 1003(a)(4), which directed the substitution of “1(D)” for “1(C)” was executed by substituting “(1)(D)” for “(1)(C)” as the probable intent ofCongress.

Subsec. (b)(5).Pub. L. 99–570, § 1003(a)(5), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “Notwithstanding paragraph (1), any person who violates subsection (a) of this section by cultivating a controlled substanceon Federal property shall be fined not more than—

“(A) $500,000 if such person is an individual; and

“(B) $1,000,000 if such person is not an individual.”

Subsec. (c).Pub. L. 99–570, § 1004(a), substituted “term of supervised release” for “special parole term” wherever appearing, effectiveNov. 1, 1987, the effective date of the repeal of subsec. (c) byPub. L. 98–473, § 224(a)(2). See 1984 Amendment note below.

Pub. L. 99–570, § 1103(b), substituted “, 845a, or 845b” for “845a” in two places.

Subsec. (d).Pub. L. 99–570, § 1003(a)(6), substituted “a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual” for “a fine of not more than $15,000”.

Subsec. (e).Pub. L. 99–570, § 15005, added subsec. (e).

1984—Subsec. (b).Pub. L. 98–473, § 503(b)(1), inserted reference tosection 845a of this title in provisions preceding par. (1)(A).

Pub. L. 98–473, § 224(a)(1)–(3), (5), which directed amendment of this subsection effectiveNov. 1, 1987 (seesection 235(a)(1) of Pub. L. 98–473 set out as an Effective Date note undersection 3551 of Title 18, Crimes and Criminal Procedure) was repealed byPub. L. 99–570, § 1005(a), and the remaining pars. (4) and (6) ofPub. L. 98–473, § 224(a), were redesignated as pars. (1) and (2), respectively.

Subsec. (b)(1)(A).Pub. L. 98–473, § 502(1)(A), added subpar. (A). Former subpar. (A) redesignated (B).

Subsec. (b)(1)(B).Pub. L. 98–473, § 502(1)(A), (B), redesignated former subpar. (A) as (B), substituted “except as provided in subparagraphs (A) and (C),” for “which is a narcotic drug”, “$125,000” for “$25,000”, and “$250,000” for “$50,000”, and inserted references to laws of a Stateand a foreign country. Former subpar. (B) redesignated (C).

Subsec. (b)(1)(C).Pub. L. 98–473, § 502(1)(A), (C), redesignated former subpar. (B) as (C), substituted “less than 50 kilograms of marihuana, 10 kilograms of hashish, or one kilogram of hashish oil” for “a controlled substancein schedule I or II which is not a narcotic drug”, “and (5)” for “, (5), and (6)”, “$50,000” for “$15,000”, and “$100,000” for “$30,000”, and inserted references to laws of a Stateand a foreign country.

Subsec. (b)(2).Pub. L. 98–473, § 502(2), substituted “$25,000” for “$10,000” and “$50,000” for “$20,000”, and inserted references to laws of a Stateor of a foreign country.

Subsec. (b)(3).Pub. L. 98–473, § 502(3), substituted “$10,000” for “$5,000” and “$20,000” for “$10,000”, and inserted references to laws of a Stateor of a foreign country.

Subsec. (b)(4).Pub. L. 98–473, § 502(4), substituted “(1)(C)” for “(1)(B)”.

Pub. L. 98–473, § 224(a)(1), as renumbered byPub. L. 99–570, § 1005(a), substituted “insection 844 of this title andsection 3607 of title 18” for “in subsections (a) and (b) ofsection 844 of this title”.

Subsec. (b)(5).Pub. L. 98–473, § 502(5), (6), added par. (5) and struck out former par. (5) which related to penalties for manufacturing, etc., phencyclidine.

Subsec. (b)(6).Pub. L. 98–473, § 502(5), struck out par. (6) which related to penalties for violations involving a quantity of marihuanaexceeding 1,000 pounds.

Subsec. (c).Pub. L. 98–473, § 224(a)(2), as renumbered byPub. L. 99–570, § 1005(a), struck out subsec. (c) which read as follows: “A special parole term imposed under this section or section 845, 845a, or 845b of this title 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. A special parole term provided for in this section or section 845, 845a, or 845b of this title shall be in addition to, and not in lieu of, any other parole provided for by law.”

Pub. L. 98–473, § 503(b)(2), inserted reference tosection 845a of this title in two places.

1980—Subsec. (b)(1)(B).Pub. L. 96–359, § 8(c)(1), inserted reference to par. (6) of this subsection.

Subsec. (b)(6).Pub. L. 96–359, § 8(c)(2), added par. (6).

1978—Subsec. (b)(1)(B).Pub. L. 95–633, § 201(1), inserted “, except as provided in paragraphs (4) and (5) of this subsection,” after “such person shall”.

Subsec. (b)(5).Pub. L. 95–633, § 201(2), added par. (5).

Subsec. (d).Pub. L. 95–633, § 201(3), added subsec. (d).

Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment

Amendment byPub. L. 115–391 applicable to any offense that was committed beforeDec. 21, 2018, if a sentence for the offense has not been imposed as ofDec. 21, 2018, seesection 401(c) of Pub. L. 115–391, set out as a note undersection 802 of this title.

Effective Date of 2008 Amendment

Amendment byPub. L. 110–425 effective 180 days afterOct. 15, 2008, except as otherwise provided, seesection 3(j) of Pub. L. 110–425, set out as a note undersection 802 of this title.

Effective Date of 1988 Amendment

Amendment bysection 6055 of Pub. L. 100–690 effective 120 days afterNov. 18, 1988, seesection 6061 of Pub. L. 100–690, set out as a note undersection 802 of this title.

Effective Date of 1986 Amendment

Pub. L. 99–570, title I, § 1004(b),Oct. 27, 1986,100 Stat. 3207–6, provided that:

“The amendments made by this section [amending this section and sections845,845a,960, and962 of this title] shall take effect on the date of the taking effect ofsection 3583 of title 18, United StatesCode [Nov. 1, 1987].”
Effective Date of 1984 Amendment

Amendment bysection 224(a) of Pub. L. 98–473 effectiveNov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, seesection 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note undersection 3551 of Title 18, Crimes and Criminal Procedure.

Effective Date of 1978 Amendment

Amendment byPub. L. 95–633 effectiveNov. 10, 1978, seesection 203(a) of Pub. L. 95–633 set out as an Effective Date note undersection 830 of this title.

Effective Date

Section effective on first day of seventh calendar month that begins afterOct. 26, 1970, seesection 704 of Pub. L. 91–513, set out as a note undersection 801 of this title.

Repeals

Pub. L. 96–359, § 8(b),Sept. 26, 1980,94 Stat. 1194, repealedsection 203(d) of Pub. L. 95–633, which had provided for the repeal of subsec. (d) of this section effectiveJan. 1, 1981.

Construction of 2025 Amendment

Pub. L. 119–26, § 7(b),July 16, 2025,139 Stat. 418, provided that:

“Nothing in the amendments made by this Act [see Short Title of 2025 Amendment note set out undersection 801 of this title] may be construed as evidence that, in applying sections 401(b)(1) of theControlled Substances Act (21 U.S.C. 841(b)(1)) and 1010(b) of theControlled Substances Import and Export Act (21 U.S.C. 960(b)) with respect to conduct occurring before the date of the enactment of this Act [July 16, 2025], a fentanyl-related substance(as defined by such amendments) is not an analogue of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide.”
Application of Fair Sentencing Act

Pub. L. 115–391, title IV, § 404,Dec. 21, 2018,132 Stat. 5222, provided that:

“(a) Definition of Covered Offense.—
In this section, the term ‘covered offense’ means a violation of a Federal criminal statute, the statutory penalties for which were modified by section 2 or 3 of theFair Sentencing Act of 2010 (Public Law 111–220;124 Stat. 2372) [amending this section and sections 844 and 960 of this title], that was committed beforeAugust 3, 2010.
“(b) Defendants Previously Sentenced.—
A court that imposed a sentence for a covered offense may, on motion of the defendant, the Director of theBureau of Prisons, the attorney for the Government, or the court, impose a reduced sentence as if sections 2 and 3 of theFair Sentencing Act of 2010 (Public Law 111–220;124 Stat. 2372) were in effect at the time the covered offense was committed.
“(c) Limitations.—
No court shall entertain a motion made under this section to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with the amendments made by sections 2 and 3 of theFair Sentencing Act of 2010 (Public Law 111–220;124 Stat. 2372) or if a previous motion made under this section to reduce the sentence was, after the date of enactment of this Act [Dec. 21, 2018], denied after a complete review of the motion on the merits. Nothing in this section shall be construed to require a court to reduce any sentence pursuant to this section.”

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