Although a majority of the severe drug crimes are codified in 21 U.S.C. §841, additional offenses are listed in 21 U.S.C. §842 and §843. §842, titled “Prohibited acts B,” covers a variety of offenses related to distribution and manufacture of controlled substances. These substances are, except as specifically provided, not classified as crimes, and are punishable by civil penalties. The section prohibits distribution of controlled prescription drugs under §829, as well as the distribution of improperly labeled or unlabeled drugs under §825. In the interest of preventing the manufacture of illegal controlled substances, the statute also restricts the sale of laboratory supply to a person who uses or attempts to use the supply to manufacture a controlled substance.
Further, the statute addresses registrants, limiting their ability to distribute to the particular controlled substances authorized by the registration. Regulated transactions are predominantly governed by 21 U.S.C. §830, although failure to comply with provisions is made unlawful under §842. Registrants are required to maintain up-to-date records in compliance with federal requirements and must allow for inspection. Regulated individuals are, under §830(a)(3), responsible for identifying any party involved in a regulated transaction. §842 also prohibits negligent failure to properly report or self-certify as provided under §830.
§842(b) is directed towards the unauthorized manufacture of certain substances. Under the subsection, a registrant is prohibited from manufacturing a schedule I or schedule II controlled substance, ephedrine, pseudoephedrine, or phenylpropanolamine, assuming the manufacture is not expressly authorized by the registration.
Most §842 violations are subject to a civil penalty of $25,000 or less. Unlawful actions related to negligent recordkeeping, however, are capped at $10,000, unless the violation involves a failure to review recent information on part of a registered manufacture or distributor of opioids. When the registrant is involved in the manufacture or distribution of opioids, the penalty may reach up to $100,000. The most severe civil penalties are associated with false labeling of anabolic steroids and suspicious reporting of opioids by a registered manufacturer or distributor of opioids, both of which are subject to up to $500,000 in fines per violation for importers, exporters, manufacturers, and distributors. At the retail level, the fine caps at $1000 per violation.
When a registrant knowingly violates the requirements of their registration, criminal penalties can apply, with defendants facing up to one year in prison. If the violation of §842 is committed after one or more prior convictions for drug-related crimes, the person may be sentenced to up to 2 years’ imprisonment.
21 U.S.C. §843, titled “Prohibited acts C,” attaches civil and criminal penalties to additional unlawful acts. The statute is primarily directed at nine different unlawful acts: a registrant distributing a schedule I or II controlled substance in the course of legitimate business; use of a fictional, revoked, expired, or otherwise fraudulent registration number in the course of manufacture or distribution of a controlled substance; acquiring a controlled substance through misrepresentation or fraud; using false material information in any application, report, or document, or presenting false identification when receiving a chemical; reproducing the likeness of any drug or container as to render the drug a counterfeit; possessing certain equipment which could potentially be used to manufacture a controlled substance or listed chemical; manufacturing that same equipment; to create a chemical mixture to evade §830 requirements; or to distribute, import, or export a list I chemical without proper registration. §843 additionally prohibits advertisement to buy or sell a schedule I controlled substance. The prohibition extends to both printed materials, such as newspapers, magazines, handbills, or other publications, as well as digital advertisements via the Internet.
Most §843 violations are punishable by up to 4 years in prison, which rises to 8 years if the offender has a prior conviction for a drug-related felony. If the offense involves the manufacture of methamphetamine, the maximum sentence increases to 10 years’ imprisonment, which doubles if the offender has committed other controlled substance felonies. Additionally, registrants convicted of §843 violations may be enjoined from engaging in controlled substance or listed chemical transactions for up to 10 years. Similar to §842, §843 also allows the Attorney General to pursue civil action for violations.
If you have a Federal Criminal case, a State Criminal case, a Municipal Case or a Family Law case in the Northern District of Alabama, Middle District of Alabama, Southern District of Alabama, or any federal jurisdiction in the Eleventh Circuit, including Alabama, Florida, and Georgia, contact Joe Ingram or Ingram Law LLC at 205-335-2640. Get Relief * Get Results.