It shall be unlawful for any person knowingly or intentionally-
It shall be unlawful for any person knowingly or intentionally to use any communication facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under any provision of this subchapter or subchapter II. Each separate use of a communication facility shall be a separate offense under this subsection. For purposes of this subsection, the term "communication facility" means any and all public and private instrumentalities 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.
has become final, such person shall be sentenced to a term of imprisonment of not more than 20 years, a fine under title 18, or both.
In addition to any other applicable penalty, any person convicted 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 involving a listed chemical for not more than ten years.
1So in original. Probably should not be capitalized.
2See References in Text note below.
3So in original. Probably should be preceded by "section".
21 U.S.C. § 843
EDITORIAL NOTES
REFERENCES IN TEXTSchedules I and II, referred to in subsecs. (a)(1) and (c)(1), are set out in section 812(c) of this title.This subchapter, referred to in subsec. (c)(2)(A), (C)(i), was in the original "this title", meaning title II of Pub. 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 under section 801 of this title and Tables.The Controlled Substances Import and Export Act, referred to in subsec. (c)(2)(A), is title III of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1285, which is classified principally to subchapter II (§951 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 951 of this title and Tables.This subchapter or subchapter II of this chapter, referred to in subsec. (d)(2)(B), was in the original a reference to "this subchapter or subchapter II of this chapter" but probably should be a reference to "this title or title III of this Act", meaning titles II and III, respectively, of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, 1285. The Federal Rules of Civil Procedure, referred to in subsec. (f)(4), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.The Federal Rules of Criminal Procedure, referred to in subsec. (f)(4), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
AMENDMENTS2022-Subsec. (c)(2)(B). Pub. L. 117-215 substituted "823(g)" for "823(f)".2008-Subsec. (c). Pub. L. 110-425 designated existing provisions as par. (1) and added par. (2).2003-Subsec. (f)(1). Pub. L. 108-21 substituted "this section, section 842 of this title, or 856 of this title" for "this section or section 842 of this title". 2002-Subsec. (d). Pub. L. 107-273 substituted "under title 18, or both;" for "of not more than $30,000, or both;" in two places and "under title 18, or both." for "of not more than $60,000, or both." in two places.1996-Subsec. (d). Pub. L. 104-237, §203(a), inserted par. (1) designation, substituted "Except as provided in paragraph (2), any person" for "Any person", and added par. (2). Subsec. (e). Pub. L. 104-237, §206(b)(1), inserted "manufacture, exportation," after "distribution," and struck out "regulated" after "engaging in any".Subsec. (f). Pub. L. 104-237, §206(b)(2), added subsec. (f).1994-Subsecs. (c) to (e). Pub. L. 103-322 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.1993-Subsec. (a)(6), (7). Pub. L. 103-200, §3(g)(1), amended pars. (6) and (7) generally. Prior to amendment, pars. (6) and (7) read as follows:"(6) to possess any three-neck round-bottom flask, tableting machine, encapsulating machine, gelatin capsule, or equipment specially designed or modified to manufacture a controlled substance, with intent to manufacture a controlled substance except as authorized by this subchapter;"(7) to manufacture, distribute, or import any three-neck round-bottom flask, tableting machine, encapsulating machine, gelatin capsule, or equipment specially designed or modified to manufacture a controlled substance, knowing that it will be used to manufacture a controlled substance except as authorized by this subchapter; or".Subsec. (a)(9). Pub. L. 103-200, §3(g)(2), (3), added par. (9).1988-Subsec. (a)(4)(B). Pub. L. 100-690, §6057(a)(1), substituted "a listed chemical" for "piperidine".Subsec. (a)(6) to (8). Pub. L. 100-690, §6057(a)(2)-(4), added pars. (6) to (8).Subsec. (d). Pub. L. 100-690, §6057(b), added subsec. (d). 1986-Subsec. (a)(2). Pub. L. 99-570 substituted a semicolon for the period at end.1984-Subsec. (a)(2). Pub. L. 98-473 added applicability to dispensing, acquiring, or obtaining a controlled substance, and applicability to an expired number.1978-Subsec. (a)(4). Pub. L. 95-633, §202(b)(3), designated existing provisions as subpar. (A) and added subpar. (B).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-425 effective 180 days after Oct. 15, 2008, except as otherwise provided, see section 3(j) of Pub. L. 110-425 set out as a note under section 802 of this title.
EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-200 effective on date that is 120 days after Dec. 17, 1993, see section 11 of Pub. L. 103-200 set out as a note under section 802 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. L. 100-690 set out as a note under section 802 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-633 effective Nov. 10, 1978, except as otherwise provided, see section 203(a) of Pub. L. 95-633 set out as an Effective Date note under section 830 of this title.
EFFECTIVE DATESection effective on first day of seventh calendar month that begins after Oct. 26, 1970, see section 704 of Pub. L. 91-513 set out as a note under section 801 of this title.
REPEALSPub. L. 96-359, §8(b), Sept. 26, 1980, 94 Stat. 1194, repealed section 203(d) of Pub. L. 95-633 which had provided for the repeal of subsec. (a)(4)(B) of this section effective Jan. 1, 1981.